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[CALL TO ORDER:]

[00:00:03]

OK, FOLKS, WE'RE GOING TO GO AHEAD AND GET STARTED.

THE JUNE 2ND, 2021 MEETING OF THE PLANNING AND ZONING BOARD IS CALLED TO ORDER EVERYONE PLEASE RISE AND FACE THE FLAG.

JAMES WILL LEAD US IN THE PLEDGE OF ALLEGIANCE.

UNDER WHAT YOU CALL THE ROLL, PLEASE.

YES, MR. OBAMA, AS MR. BOOTHROYD, AS MR. HILL. OK, MISS JORDAN, MISS MIRAGE, IS THAT MR. WARNER OR ISN'T MR. WEINBERG, YOUR MR. CARAFA AND OUR BOARD COUNSEL, DEPUTY CITY ATTORNEY JENNIFER COCKCROFT, IS PRESENT.

WE DO HAVE A QUORUM. THANK YOU.

FIRST ORDER OF BUSINESS SINCE THE ADOPTION OF MINUTES FROM MAY 5TH, 2021 MEETING.

[ADOPTION OF MINUTES:]

CAN I GET A MOTION, PLEASE? MAKE A MOTION TO APPROVE.

EMOTION ON THE SECOND, ANY DISCUSSION.

ALL IN FAVOR, SAY I.

I OPPOSED A MOTION CARRIED UNANIMOUSLY.

[ANNOUNCEMENTS:]

THE BENEFIT OF EVERYONE IN ATTENDANCE, THE PLANNING AND ZONING BOARD, IS AN ADVISORY BOARD COMPRISED OF SEVEN MEMBERS.

ALL MEMBERS OF THE BOARD ARE UNPAID VOLUNTEERS APPOINTED BY THE CITY COUNCIL.

OUR PROCEDURES ARE AS FOLLOWS, GROWTH MANAGEMENT STAFF WILL PRESENT THE STAFF REPORT FOR EACH CASE. BOARD MEMBERS WILL THEN BE ASKED IF THEY HAVE ANY QUESTIONS FOR STAFF.

THE APPLICANT OR THEIR REPRESENTATIVE WILL THEN BE ASKED TO COME TO THE PODIUM AND PRESENT ANY INFORMATION GERMANE TO THE CASE AND TO ANSWER ANY QUESTIONS FROM THE BOARD.

LAURA WILL THEN BE OPEN FOR PUBLIC COMMENTS.

WE WILL FIRST HEAR FROM THOSE WISHING TO SPEAK IN FAVOR OF THE APPLICATION AND THOSE OPPOSED. WE'RE ALL PROCEEDINGS, ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN OATH CARDS LOCATED AT THE PODIUM.

PLEASE PRINT LEGIBLY AND SPEAK DIRECTLY INTO THE MICROPHONE AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. AS A COURTESY, I ASK THAT IF THERE'S A GROUP OF PEOPLE FROM A NEIGHBORHOOD WHO MAY HAVE SIMILAR COMMENTS, YOU INFORMALLY APPOINT A SPOKESMAN TO CLARIFY YOUR VIEWS. AFTER PUBLIC COMMENTS, I WILL BRING THE CASE BACK TO THE BOARD AT THIS TIME, THE FLOOR WILL BE CLOSED AND NO FURTHER COMMENTS FROM THE PUBLIC WILL BE HEARD AND WILL THEN CALL FOR A MOTION AND A SECOND AT WHICH TIME THE BOARD MAY HAVE ADDITIONAL COMMENTS OR FURTHER DISCUSSION.

I WILL THEN CALL FOR A VOTE.

THE DECISIONS OF THE PLANNING AND ZONING BOARD ARE THEN FORWARDED TO CITY COUNCIL FOR FINAL DISPOSITION.

THANK YOU FOR YOUR ATTENDANCE AND FOR YOUR COOPERATION.

FOR THE MEMBERS OF THE AUDIENCE, WE HAVE TWO CASES TONIGHT UNDER NEW BUSINESS CASE EIGHT, 2021 AND PD 2020 21 BIRTH REFERRING BOTH REFERRING TO THE LAS PALMAS PD.

THOSE CASES HAVE BEEN CONTINUED TO JULY 7TH.

IF YOU'RE HERE FOR THAT CASE, THEY WON'T BE HEARD.

IN ADDITION, A CASE NUMBER SIX UNDER NEW BUSINESS 23 2021, WHICH IS A TEXTUAL AMENDMENT REQUESTED BY THE CITY, IS REQUESTED TO CONTINUE TO JULY SEVEN.

SO THAT WON'T BE HEARD AS WELL.

BRINGS US TO ITEM NUMBER ONE ON UNDER OLD BUSINESS, GRAYSON.

[OLD/UNFINISHED BUSINESS]

ALL RIGHT. CASE V NINE, 2021 IS A VARIANCE TO ALLOW PROPOSED SCREEN PATIO TO ENCROACH EIGHT FEET INTO THE 25 FOOT REAR BUILDING SETBACK HAS ESTABLISHED BY SECTION FIVE POINT ZERO THREE FOUR F 70, THE PALM BEACH CODE OF ORDINANCES.

BACKGROUND SUBJECT PROPERTY WAS CONSTRUCTED AND RECEIVED A CERTIFICATE OF OCCUPANCY IN 2006. THE PROPERTY CONSISTS OF ONE IRREGULAR SHAPED WEDGE LAND BLIGHTED BY GENERAL DEVELOPMENT CORPORATION IN 1961.

THE PROPERTY IS A WIDTH OF 150, TWO POINT FORTY SIX FEET AND A DEPTH OF 125 FEET.

CURRENTLY, THERE IS A 16 FOOT BY 12 FOOT COVERED PORCH AT THE REAR OF THE HOUSE.

THE APPLICANT HAS APPLIED FOR A NEW SCREENED PATIO WITH A PERMIT NUMBER 20 DASH ONE TWO FIVE ONE NINE. ANALYSIS VARIANCES FROM THE TERMS OF THE LAND DEVELOPMENT CODE MAY BE GRANTED WHEN SPECIAL CONDITIONS EXIST THAT WOULD RESULT IN UNNECESSARY HARDSHIP IF THE PROVISIONS OF THE LAND DEVELOPMENT CODE WERE ENFORCED.

HOWEVER, A VARIANCE MAY NOT BE GRANTED WHEN THE PUBLIC HEALTH AND SAFETY WILL BE COMPROMISED AS A RESULT OF THE VARIANCE, APPLICATION MUST DEMONSTRATE THAT ITEMS ONE THROUGH SEVEN SECTION ONE SIXTY NINE POINT ZERO ZERO NINE.

THE CODE OF ORDINANCES HAVE BEEN MET.

REVIEW OF THESE ITEMS IS AS FOLLOWS.

[00:05:01]

ITEM ONE, SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST, WHICH ARE PECULIAR TO THE LAND STRUCTURE OR BUILDING INVOLVED, WHICH ARE NOT APPLICABLE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME LAND USE CATEGORY, ZONING DISTRICT SITUATION.

THE APPLICANT STATES BASICALLY NEED AN EIGHT FOOT VARIANCE SPACE, ACCORDING TO THE MAP SURVEY, TO BUILD A PATIO.

THIS PROPOSED STRUCTURE WOULD EXTEND FROM THE EXISTING COVERED PORCH TO THE SITE OF THE HOME, SQUARING OFF THE HOUSE AND ENCROACHING INTO THE REAR SETBACK.

THE MORNING COUNCIL MAY CONSIDER THE IRREGULAR SHAPE OF THE LOT AS A SPECIAL CIRCUMSTANCE IN REGARD TO THE APPLICANT'S PROPERTY.

ITEM TWO, SPECIAL CONDITIONS AND CIRCUMSTANCES IDENTIFIED, AN ITEM ONE ABOVE ARE NOT A RESULT. THE ACTIONS OF THE APPLICANT IRREGULAR SHAPED, A LOTT IDENTIFIED IN ITEM ONE, WAS CREATED BY THE LAND DEVELOPER GDC AND MAY BE CONSIDERED A SPECIAL CIRCUMSTANCE.

ITEM THREE LITERAL INTERPRETATION.

ENFORCEMENT OF THE LAND DEVELOPMENT CODE REGULATIONS WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME LAND USE CATEGORY, ZONING DISTRICT OR SITUATION UNDER THE TERMS OF LAND DEVELOPMENT CODE AND WOULD WORK UNNECESSARY AND UNDUE HARDSHIP ON THE APPLICANT.

LITERAL INTERPRETATION AND ENFORCEMENT OF THE LAND DEVELOPMENT CODE REQUIRE THE APPLICANT TO BUILD WITH THE APPLICABLE SETBACKS.

BUILDING WITHIN THE REQUIRED SET BACKS WOULD NOT ALLOW FOR THE PROPOSED SCREEN ENCLOSURE AND THE DESIRED LOCATION ITEM FOR THE VARIANCE IF GRANTED AS THE MINIMUM VARIANCE NECESSARY TO MAKE THE MAKE POSSIBLE.

THE REASONABLE USE OF THE LAND BUILDING OR STRUCTURE MAXIMUM OF EIGHT FEET TO THE 25 FOOT REAR BUILDING SETBACK WOULD BE NEEDED TO MEET THE APPLICANT'S REQUEST.

ITEM FIVE GRANTING OF THE VARIANCE REQUEST WILL NOT CONFIRM THE APPLICANT ANY SPECIAL PRIVILEGE THAT IS DENIED BY THE DEVELOPMENT CODE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME LAND USE CATEGORY, ZONING DISTRICT OR SITUATION.

RANCHING OF THE VARIANCE WOULD CONFER UPON THE APPLICANT A SPECIAL PRIVILEGE FOR SETBACK RELIEF AS THE SAME DEVELOPMENT STANDARDS APPLY TO OTHER PROPERTIES IN THIS COMMUNITY, BUILDING WITHIN THE REQUIRED SET BACKS WOULD ALLOW FOR AN EXPANSION OF EXISTING PORTION IS NOT THE DESIRED SHAPE AND SIZE.

ITEM SIX, THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THIS CODE, IT WILL NOT BE INJURIOUS TO THE SURROUNDING PROPERTIES OR DETRIMENTAL TO PUBLIC WELFARE.

STAFF HAS NOT IDENTIFIED ANY DETRIMENTAL EFFECT TO PUBLIC WELFARE.

ITEM SEVEN. THE VARIANCE REPRESENTS A REASONABLE DISPOSITION OF A CLAIM BROUGHT UNDER THE BRIDGE OF HARRIS PRIVATE PROPERTY RIGHTS PROTECTION ACT.

CHAPTER 95 DASH ONE 181.

LOSS OF FLORIDA. A DEVELOPMENT ORDER OF THE CITY AS REASONABLY BURDEN THE APPLICANT'S PROPERTY BASED ON THE RECOMMENDATIONS OF THE SPECIAL MASTER APPOINTED IN ACCORDANCE WITH THE ACT OR THE ORDER OF A COURT AS DESCRIBED IN THE ACT.

STAFF HAS NOT RECEIVED A CLAIM MADE UP ON THIS PROPERTY WITH RESPECT TO THE BURDEN OF HARRIS ACT OR ANY DEVELOPMENT ORDER AS INDICATED ABOVE.

THEREFORE, ITEM SEVEN IS NOT APPLICABLE TO THE VARIANCE REQUEST STAFF RECOMMENDATION.

THE PLANNING AND ZONING BOARD MUST DETERMINE, BASED ON THE FACTS PRESENTED, TO WHAT DEGREE, IF ANY, OF MINIMAL RELIEF IS REQUIRED TO MEET THE NEEDS OF THE VARIANCE BEING REQUESTED AS REQUIRED UNDER SECTION ONE SIXTY NINE POINT ZERO ZERO NINE CITY OF BAMAKO NS AND MAKE RECOMMENDATIONS TO CITY COUNCIL FOR A FINAL REVIEW.

WITH THAT, I CAN ANSWER ANY QUESTIONS THE BOARD MAY HAVE OR HAVE ANY QUESTIONS FOR STAFF.

THANK YOU, RUSHOLME. AT THIS TIME, I'LL OPEN THE PUBLIC HEARING AND ASK THE APPLICANT TO PLEASE COME TO THE PODIUM.

YES, MY SO WE NEED YOU, ROISIN.

A SAID SETBACK.

OF EIGHT OUT OF 20 OF.

THE. ASK HIM THIS, SIR, IF YOU WOULD SPEAK DIRECTLY INTO THE MICROPHONE AND SPEAK UP A LITTLE BIT. THAT WOULD HELP.

SO I WAS TOLD TO WAIT ON A MEETING TO THE.

I NEVER ATTENDED A MEETING BEFORE.

SO I DON'T KNOW WHAT. THAT IS ALL ABOUT.

SO, WELL, ESSENTIALLY, YOU ALREADY DID JUST TELL US, YOU KNOW, YOUR NAME AND ADDRESS AND MY NAME IS WINNIE THE ROZIN I 200 I'VE EVER FALLEN NOTICE UP ON BAY.

AND JUST THE PURPOSE OF THE OF THE VETERANS THAT YOU'RE APPLYING FOR IS THAT SO I'LL SET BACK OF MY TWENTY FIVE FEET.

IT'S NEEDED EIGHT FEET TO FILL UP OUT OF YOUR.

BUT THE. THE BANJO WAS INSIDE OF THE PROPERTY, SO I NEEDED A SETBACK.

FOUR TO EIGHT FEET, 125 FEET.

I DON'T HAVE ANY QUESTIONS FOR MR. ROSEN. WELL, THANK YOU, MR. ROSEN, YOU CAN SEE I THINK YOU AT THIS TIME OPEN PUBLIC HEARING, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OR OPPOSED TO THIS APPLICATION? NO, NOT CLOSE TO THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION.

MOTION TO APPROVE THE DASH NINE, 2021 IN MOTION ON A SECOND, ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY I.

I OPPOSED THE MOTION CARRIES UNANIMOUSLY, YOU'RE ALL SET, MR.

[00:10:03]

GROSS. NEXT CASE, PLEASE, GRAYSON.

THEY SEE YOU 18, 20, 21, THE CONDITIONAL USE APPROVAL FOR AUTOMOTIVE, IN THIS CASE, WATERCRAFT FUEL SALES.

BACKGROUND SUBJECT PROPERTY CURRENTLY KNOWN AS PALM BAY MARINA IS LOCATED AT 43 350 DIXIE HIGHWAY NORTHEAST, ALSO KNOWN AS U.S.

ONE PROPERTY WAS PURCHASED BY THE CURRENT OWNERS CANYON PALM BAY, LLC, IN 2018.

I MEAN, MARINA OPERATES AS A BUSINESS THAT RENTS, SELLS SERVICES AND STORES BOATS, AS WELL AS A BAIT SHOP, ITS OPERATING HOURS FOR THE SHOP AND RENTALS ARE EIGHT, 30 A.M.

TO FIVE P.M. EVERY DAY OF THE WEEK, AND ITS PARTS AND SERVICE HOURS ARE THE SAME, EXCEPT CLOSED ON SUNDAYS IN 2008 AND UNDERGROUND FUEL TANK WAS REMOVED FROM THE SITE AND PATCHED OVER WITH ASPHALT. THE APPLICANT IS NOW SEEKING TO INSTALL A NEW TANK ON THE PROPERTY, WHICH REQUIRES CONDITIONAL USE APPROVAL FOR AUTOMOTIVE FUEL SALES, AS REQUIRED BY SECTION SECTIONS ONE EIGHTY FIVE POINT ZERO ZERO SIX AND 185 POINT ZERO FOUR D TO THE PUMP CODE OF ORDINANCES ANALYSIS CANYON PALM BAY LLC SEEKS TO INSTALL A 2000 GALLON DOUBLE WALL ABOVE GROUND FUEL TANK THAT WILL STORE AND DISTRIBUTE FUEL TO BOATS AT THE MARINA.

REQUIREMENTS TO BE GRANTED CONDITIONAL USE APPROVAL REQUESTS ARE EVALUATED UPON ITEMS THROUGH EYE OF THE GENERAL REQUIREMENTS AND CONDITIONS OF SECTION 185 POINT 087, THE CODE OF ORDINANCES REVIEW THESE ITEMS IS AS FOLLOWS.

ITEM A.. ADEQUATE INGRESS AND EGRESS MAY BE OBTAINED TO AND FROM THE PROPERTY WITH PARTICULAR REFERENCE TO AUTOMOTIVE AND PEDESTRIAN SAFETY AND CONVENIENCE, TRAFFIC FLOW AND CONTROL AND ACCESS IN CASE OF EMERGENCY.

ACCESS TO THE SITE EXISTS BY AUTOMOBILE VIA U.S.

HIGHWAY ONE OR BY BOAT VIA TURKEY CREEK, BOTH OPTIONS APPEAR POSSIBLE FOR DISTRIBUTING FUEL TO BOATS AT THE SITE.

STAFF DOES NOT ANTICIPATE ANY NEGATIVE EFFECTS ON PEDESTRIAN SAFETY.

HOWEVER, THERE APPEARS TO BE A POTENTIAL FOR VEHICLES TO COLLIDE WITH A TANK.

STAFF RECOMMENDS THERE SHOULD BE ADDITIONAL PROTECTION PLACED AROUND THE TANK TO PREVENT IMPACTS WITH THE TANK.

ITEM BE ADEQUATE OFF STREET PARKING AND LOADING AREAS MAY BE PROVIDED WITHOUT CREATING UNDUE NOISE, GLARE, ODOR OR OTHER DETRIMENTAL EFFECTS UPON ADJOINING PROPERTIES, SUFFICIENT OFF STREET PARKING AND LOADING AREAS.

WE PROVIDE AT THE TIME OF SITE PLAN APPROVAL IN 1989 ITEM SEE ADEQUATE AND PROPERLY LOCATED UTILITIES ARE AVAILABLE OR MAYBE REASONABLY PROVIDED TO SERVE THE PROPOSED DEVELOPMENT. I MEAN, MARINA IS CONNECTED TO THE CITY'S WATER DISTRICT DISTRIBUTION AND SEWER COLLECTION SYSTEMS. THE PROPERTY IS BOTH ELECTRIC AND PHONE SERVICES, ITEM D, ADEQUATE SCREENING AND OR BUFFERING WILL PROVIDED TO TO PROTECT AND PROVIDE COMPATIBILITY WITH ADJOINING PROPERTIES. THE PROPOSED FUEL TANK IS BEING LOCATED UPON THE SAME LOCATION AS THE PREVIOUS FUEL TANK EXCEPT ABOVE GROUND.

THE PROPOSED TANK IS LOCATED NEAR THE CENTER OF THE PROPERTY AND HAS ADEQUATE BUFFERING FROM THE SOLE ADJOINING PROPERTY.

ITEM SIGNS, IF ANY, AND PROPOSED EXTERIOR LIGHTING WOULD BE SO DESIGNED AND ARRANGED FOR ABOUT TRAFFIC SAFETY AND TO ELIMINATE OR MINIMIZE ANY UNDUE GLARE, COMPATIBILITY OR DISHARMONY WITH ADJOINING PROPERTIES.

PLANS FOR THE PROPOSED FUEL TANK INDICATE NECESSARY SIGNAGE FOR SAFETY UPON THE TANK ITSELF, THERE ARE NO OTHER SIGNS OR LIGHTING PROPOSED FOR THE PROPERTY AS THERE WILL BE NO NEW LIGHTING. STAFF RECOMMENDS LIMITING THE HOURS OF OPERATION TO DAYLIGHT HOURS FOR PUBLIC SAFETY. ITEM F YARDS AND OPEN SPACES WILL BE ADEQUATE TO PROPERLY SERVE THE PROPOSED DEVELOPMENT TO ENSURE COMPATIBILITY WITH ADJOINING PROPERTIES, YARDS AND OPEN SPACE REQUIREMENTS OF ZONING CODE HAVE BEEN MET.

LMG PROPOSED USE WILL NOT CONSTITUTE A NUISANCE OR HAZARD BECAUSE OF THE NUMBER OF PERSONS WHO WILL ATTEND OR USE THE FACILITY OR BECAUSE OF VEHICULAR MOVEMENT, NOISE, FUME GENERATION OR TYPE OF PHYSICAL ACTIVITY.

THE APPLICANT HAS NOT PROVIDED INFORMATION REGARDING STAFF'S REQUEST AS TO HOW POMERANIA WILL OPERATE THE FUEL TANK, INCLUDING WHETHER THERE WILL BE AN ATTENDANT OR IF THERE'LL BE ANY MEASURES TO ENSURE BETTER SAFETY FROM THE WATER WHEN APPROACHING FOR FUEL.

IS THERE AN EXISTING MARINA AT THE SITE STAFF DOES NOT ANTICIPATE AND AN ADDITIONAL NUISANCE OR HAZARD UP ON THE PROPERTY DUE TO THE USE OF THE SITE REPOS.

RETAIL FUEL SALES MUST ALSO MEET THE ADDITIONAL REQUIREMENTS OF SECTION 185 POINT ZERO FOUR FOR D2.

THIS INCLUDES NO MORE THAN TWO CORNER LOTS OF ANY ONE HOUR SECTION TO BE USED FOR AUTOMOTIVE FUEL SALES.

A MINIMUM OF 150 FEET STREET FRONTAGE FOR EACH ABUTTING STREET TANKS MUST BE LOCATED AT LEAST 40 FEET FROM ALL PROPERTY LINES, 15 FEET FROM ANY BUILDING, 100 FEET FROM THE NEAREST NEAREST RESIDENTIAL, HIS OWN LAND, A THOUSAND FEET FROM ANY MUNICIPAL SUPPLY.

WELL, THE CODE ALSO REQUIRES ANY RECEPTACLE OR COMBUSTIBLE MATERIALS IN EXCESS OF 200 GALLONS TO BE LOCATED UNDERGROUND.

SUBJECT PROPERTY IS NOT ON A CORNER LOT AT AN INTERSECTION CONTAINS OVER 550 FEET OF ROAD FRONTAGE ON U.S. ONE.

THE TANK IS LOCATED FIFTY ONE POINT SEVENTY SEVEN FEET FROM THE NEAREST BUILDING ON SITE, SIXTY FOUR POINT SEVENTY SIX FEET FROM THE NEAREST LEASED LINE.

AND THERE ARE NO RESIDENCES WITHIN 100 FEET OF THE PROPOSED TANK.

THE NEAREST MUNICIPAL SUPPLY, WELL, IS APPROXIMATELY 3400 FEET DUE WEST OF THE PROPOSED STORAGE TANK. THE PROPOSED 2000 GALLON ABOVEGROUND TANK DOES NOT MEET THE REQUIREMENT OF

[00:15:03]

195 POINT ZERO FOUR FOUR D TO D OR A TANK.

OVER 200 GALLONS IS TO BE UNDERGROUND.

HOWEVER, DUE TO THE POTENTIAL ENVIRONMENTAL IMPACTS OF BELOW GROUND FUEL TANK IMMEDIATELY ADJACENT TO TURKEY CREEK, STAFF REQUEST, THE BOARD AND COUNCIL EXEMPT THE APPLICANT FROM THIS PROVISION. ITEM AGE, THESE AS PROPOSED FOR DEVELOPMENT, WE CAN BATTLE WITH THE EXISTING A PERMITTED USES OF ADJACENT PROPERTIES.

PROPOSED FUEL CELLS ARE PERMITTED VIA CONDITIONAL USE IN THE ZONING DISTRICT TO ENSURE COMPATIBILITY WITH ADJACENT PROPERTIES, STAFF RECOMMENDS THAT THE PROJECT TO SUPPLY WITH THE LATEST SAFETY PROTOCOLS, WHICH INCLUDE PROTECTION BOILERS AND ALL SIDES OF THE TANK THAT ARE ADJACENT TO PARTICULAR AREAS.

EMPLOYMENT OF A LEAK DETECTION SYSTEM, USE OF A DOUBLE WALLED STEEL TANK IN THE HOURS OF THE FUEL TANK, USE LIMITED TO PALM BAY.

MARINA'S CURRENT HOURS OF OPERATION OF EIGHT THIRTY A.M.

TO FIVE P.M. ON ANY GIVEN DAY, THE APPLICANT MUST ALSO COMPLY WITH ADDITIONAL STAFF COMMENTS LISTED BELOW UNMINED DEVELOPMENT AND OPERATION.

PROPOSED USE WILL BE IN FULL COMPLIANCE.

ANY ADDITIONAL CONDITIONS AND SAFEGUARDS WITH CITY COUNCIL MAY PRESCRIBE, INCLUDING, BUT NOT LIMITED TO A REASONABLE TIME LIMIT WITHIN WHICH THE ACTION FOR WHICH SPECIAL APPROVAL IS REQUESTED SHALL BE BEGUN OR COMPLETED OR BOTH, OR IN COUNCIL HAVE THE AUTHORITY AND RIGHT TO IMPOSE ANY ADDITIONAL UNJUSTIFIABLE SAFEGUARDS AND OR CONDITIONS TO ENSURE THE FACILITY OPERATES SAFELY AND HARMONIOUSLY WITH SURROUNDINGS.

ADDITIONAL STAFF COMMENTS, PUBLIC WORKS IDENTIFIED BAADE COUNTY'S NATURAL RESOURCES MANAGEMENT DEPARTMENT RESPONSIBLE PARTY TO ENSURE COMPLIANCE WITH CHAPTER 62 762 OF THE ADMINISTRATIVE CODE, WHICH REGULATES PETROLEUM STORAGE TANK, MUST BE REGISTERED WITH THE STORAGE TANK PROGRAM OF OUR COUNTY NATURAL RESOURCES MANAGEMENT.

THE TANK ASSOCIATED PIPING MUST ALSO BE APPROVED BY DEP.

PUBLIC WORKS DEPARTMENT IS ALSO REQUESTED.

COPIES OF COMPLIANCE DOCUMENTATION WAS PROVIDED BY COUNTY AND STATE AND ALL INSPECTION RECORDS BE KEPT ON SITE.

STAFF RECOMMENDS MOTION TO APPROVE KCA 18, 20, 21, SUBJECT THE FOLLOWING CONDITIONS, INSTALLATION AND USE OF PROTECTIVE BOLLARDS AROUND THE TANK INSTALLATION AND USE OF A LEAK DETECTION SYSTEM, INSULATION USE OF A DOUBLE WALLED TANK, HOURS OF OPERATION LIMITED TO EIGHT, THIRTY A.M. TO FIVE P.M.

ON ANY GIVEN DAY. APPLICABLE PERMITS FROM ABAD COUNTY NATURAL RESOURCES MANAGEMENT AND CITY SITE PLAN APPROVAL.

WITH THAT, I CAN ANSWER ANY QUESTIONS OR MAY HAVE THANK YOU TO THE BOARD.

HAVE ANY QUESTIONS FOR STAFF? JUST ONE QUESTION, JUST SO I UNDERSTAND.

WHAT WAS WAS IT THAT STAFF REQUIRED OR RECOMMENDED TO ADDRESS THE ENVIRONMENTAL IMPACT? SO THE CODE AS WRITTEN IS INTENDED FOR GAS STATIONS.

AND IN THAT CODE, IF IT'S OVER 200 GALLONS, IT'S REQUIRED TO BE BELOW GROUND THE TANK.

AND AS THIS TANK WOULD BE IMMEDIATELY ADJACENT TO TURKEY CREEK, WE'RE ASKING THAT THAT PROVISION BE TO BE EXEMPT FROM THAT PROVISION AS WE DON'T WANT A BELOW GROUND FUEL TANK RIGHT NEXT TO THE WATER. SO JUST.

ABOVE GROUND IS PREFERRABLE OR AS ABOVE GROUND, WHAT ARE SOME OF THE I DON'T KNOW, THE APPLICANT TO BE ABLE TO ANSWER THAT, HOW WOULD THEY PREVENT SOME OF THE IMPACTS THAT CAN HAPPEN WITHOUT WOULD ABOVE GROUND? SO WE ALSO RECOMMENDED LEAK DETECTION SYSTEM, THE DOUBLE WALLED.

I KNOW THEY HAVE DISCUSSED AND I THINK THEY CAN DISCUSS FURTHER WITH WHAT THEY'LL BE DOING. ADDITIONALLY, YOU CAN DESCRIBE MORE ABOUT THE TANK, BUT THEY HAVE INDICATED THERE WILL BE PLENTY OF SAFETY MEASURES TO ADDRESS A LEAK AND STOP IT BEFORE IT GETS ANY FURTHER. THEY'RE GOING TO OK, I'M GOING TO TELL US HOW THEY'RE GOING TO GO WELL, OK, I'M READY. THE OTHER QUESTIONS I'VE GOT, I'VE GOT THE HOURS.

IS OR THE HOURS WAS THAT THE CITY RECOMMENDED BECAUSE BASED ON WHAT WHAT WERE THE HOURS PREVIOUSLY WHEN THEY HAD THE.

AND BACK IN 2008, I'M NOT SURE IT WAS A PREVIOUS OWNER.

ALL I SAW WAS THE PERMIT THAT I WAS REMOVED AND PAVED OVER.

I ONLY RECOMMENDED HER STAFF.

I RECOMMENDED THESE HOURS BECAUSE THAT'S THE HOURS OPERATION FOR THE SITE CURRENTLY BECAUSE WE DIDN'T HAVE ANY CONFIRMATION ON HOW THE TANK WOULD BE OPERATED.

WE JUST WANTED TO STICK WITH THE HOURS THAT AT LEAST SOMEONE FROM THEIR STAFF WOULD BE THERE AT ALL TIMES. NOW, THE REASON I ASK THAT BECAUSE TRADITIONALLY VOTERS LIKE TO LEAVE FIVE O'CLOCK IN THE MORNING, SO I DON'T KNOW IF THAT WOULD BE IF THEY.

IF THEY DECIDED SAYING THIS ISN'T, YOU KNOW.

OR AS. A BUSINESS PLAN WORKS FOR THEM.

WOULD THERE BE AN OPPORTUNITY FOR THEM TO.

SIX DIFFERENT HOURS.

I MEAN, I BELIEVE YOU ALL ARE WELCOME TO.

I DON'T BELIEVE STAFF HAS ANY ISSUE WITH THAT, AS LONG AS THERE IS A WAY TO ENSURE THAT THERE'S NOT GOING TO BE ANY DETRIMENTAL EFFECT TO THE PUBLIC SAFETY, WELFARE.

A HEALTHY. I JUST I JUST THAT LIKE I SAID, I JUST DON'T WANT TO LIMIT THEM TO MAKE IT SO IT'S UNFEASIBLE AS A BUSINESS PLAN.

I UNDERSTAND I WAS ONLY ACTING OFF OF WHAT INFORMATION I HAD AT THE TIME.

SO IF THEY HAVE SOMETHING ELSE THEY CAN PROVIDE TO.

ENSURING THAT I'LL BE OK STAFF WOULD BE OPEN TO LETTING THAT OCCUR EARLIER IN THE DAY.

[00:20:01]

THE OTHER QUESTIONS I HAVE ON GRACIN, THE ONE OF THE RECOMMENDATIONS IS TO INSTALL BOLLARDS AROUND THE TANK FOR PROTECTION.

I ASSUME THAT IF THEY WERE TO DO THAT, THEN THAT WOULD THAT WOULD MEET YOUR CONCERNS IN ITEM ABOUT ADDITIONAL PROTECTION TO PREVENT IMPACT WITH A TANK OR WOULD SOLVE THAT PROBLEM. THAT WAS WHAT I REFERRED TO.

ANY OTHER QUESTIONS? THANK YOU VERY MUCH.

AT THIS TIME, I'LL OPEN THE PUBLIC HEARING, IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OF THIS APPLICATION OR POST? AND WE'LL CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION.

ABOUT THE LEAGUE, THE APPLICANT.

OH, YOU'RE. THAT WOULD HELP.

PLEASE COME TO THE PODIUM, STATE YOUR NAME AND ADDRESS AND AND BRIEFLY WHAT WE'RE DOING HERE. NO PROBLEM. I JUST DIDN'T KNOW IF THERE'S ANY QUESTIONS ABOUT THE TANK OR THE CONSTRUCTION AND THE CONTRACTOR THAT WAS STOLEN.

AND I DID BRING A DIAGRAM OF THE TANK CONSTRUCTION, BUT I INITIATED HAD A QUESTION ABOUT THE BOLLARDS. AND I JUST FULLY UNDERSTAND THE ENVIRONMENTAL IMPACT IF THERE'S A LEAK AND MAYBE JUST A LITTLE EXPLANATION OF HOW IT WORKS.

BUT THE BOAT JUST PULLS UP TO THE SIDE.

AND I DON'T HAVE I MEAN, BASICALLY THERE'S A TANK FOR THE PUMP ON IT WITH A HOSE AND IT'S A RETRACTABLE HOSE. SOME OF THE BOAT COMES UP, ALL THE HOSE OUT TO THE BOAT AND THEN BRING THE HOSE BACK UP WHEN THEY'RE DONE.

HE HAD MENTIONED THAT YOU HAVE SOME SOLUTION TO IF THERE IS A LEAK OR TO PREVENT A LEAK FROM EXILE THINKING ON THE PIPING AND BEING REGISTERED WITH THE STATE.

IT WOULD REQUIRE MONTHLY INSPECTIONS FOR THE STATE REQUIREMENT AT MINIMUM.

BUT THE MARINE IS NORMALLY DO YOU KNOW THEY'RE OUT THERE? THEY SEE IT EVERY DAY. THAT'S WHY IT'S ABOVE GROUND.

SO THEY CAN INSPECT IT EVERY DAY.

SO MY MY CONCERN WAS, I KNOW WHEN I GO TO THE GAS STATION, WHEN I PUT THE HOSE IN, I'M IT'S GOING BACK AT OR SOME LEAKAGE FROM THE ACTUAL HOSE ITSELF.

I WAS TRYING TO FIGURE OUT IF IT'S THE SAME TYPE OF HOSE THAT WE'RE HAVING AND A DIFFERENT MARINE IS LIKE OUT OF THE WATER.

THEY USE LIKE AN OIL ABSORBENT HAD TO CARRY WITH IT, YOU KNOW, LIKE YOU'RE TALKING ABOUT THE DRIPS OR WHATEVER AT THE END WHEN YOU WRITE.

AND IT'S IT IS IT DOES HAPPEN.

BUT THEY JUST HAVE ABSORBENT PADS, YOU KNOW, FOR THE CARRY WITH IT OR SOMETHING BECAUSE THERE'S NOT REALLY ANYWHERE TO.

SO YOU'RE SAYING THERE WILL BE DRIPS INTO THE INDIAN RIVER LAGOON, NOT INTO THE MARINA AT THE MARINA THERE WILL BE DRIPS INTO THE WATER.

THERE'S NO WAY TO PREVENT THE NO TRIPS.

THERE CAN'T BE ANY DRIPS AT ALL.

ANY SHEEN IN THE WATER HAS TO BE REPORTED.

A COAST GUARD STANDARDS FOR ANY BOATING, IF YOU DROP ANY WATER, IF YOU DROP ANY OIL, WHETHER IT'S GAS, FUEL, DIESEL, IF THERE'S A SHEEN ON THE WATER, YOU'RE SUPPOSED TO REPORT IT. THERE'S NOT GOING TO BE ANY DRIPS OR PAIN OR ANYTHING, THOUGH.

I GUESS THERE'S YOU YOU'RE USING A GAS TANK, YOU'RE FILLING UP A BOAT ONCE YOU'RE PULLING IT BACK OUT, THEY NORMALLY HAVE AN OBSERVANT PAD THAT THEY PUT THE NOZZLE ON AND THEN CARRY IT BACK TO THE SHORE SO THEY WILL HAVE AN ABSORBENT PAD.

YEAH, I'M SORRY. YES, I DIDN'T HEAR THAT PART.

OK. YES, OK.

THAT'S WHAT I'M TRYING TO UNDERSTAND.

OK, YES.

BECAUSE YOU CAN'T THINK I SAID IF ANYBODY SEES THEM A SINGLE DROP THEY CAN REPORT IT.

AND. AND THAT'S WHERE THAT'S WHERE THEY HAVE TO DO WITH.

AND ANY OTHER QUESTIONS? SO THERE WILL BE A PUMP AT THE DOCK.

YES, AND WE DON'T KNOW YET IF IT'S GOING TO BE ATTENDED OR IS IT GOING TO BE IS THIS I BELIEVE I DON'T KNOW IF IT'S A COUNTY ORDINANCE OR A STATE ORDINANCE, BUT IT'S REQUIRED TO BE ATTENDED BY BY A TRAINED TECHNICIAN OR A TRAIN ATTENDANT IN THE MARINA.

IT CAN'T IT'S NOT A SELF-SERVICE.

NOBODY CAN JUST WALK UP AND GET FUEL.

IT'S NOT A IT'S NOT LIKE THAT.

IT HAS TO BE OPERATED BY THE I'M PRETTY SURE THERE'S A SET OF RULES.

AND I THOUGHT I HAD HEARD FROM THE STAFF THAT YOU HADN'T GOT BACK TO THEM YET, WHETHER THEY'RE GOING TO BE AN ATTENDANT AT THE PUMP.

BUT I'M NOT. YEAH, LIKE I SAID, ON THE CONTRARY, I DON'T KNOW IF THE OWNER HAD IT OR NOT, BUT THE REQUIREMENTS FOR THE MARINA IS TO BE ATTENDED.

IT'S NOT LIKE AN AIRPORT. I BELIEVE AIRPORTS HAVE YOU CAN FLY IN AND PUT A CREDIT CARD IN AND GET FUEL, BUT NOT LIKE THAT.

OK, THANK YOU. OK, I GOT I GOT ONE.

SO OBVIOUSLY THIS IS NOT GOING TO BE WHERE SOMEBODY COULD DRIVE THEIR PICKUP TRUCK IN AND FILL UP THEIR TRUCK WITH WITH FUELS.

RIGHT. SO THERE'S NOT GOING SO.

NOT PARTICULARLY, NO.

SO THE BIG THING WAS, IS I HEARD IN THERE WAS PROTECTION OF THE TANK OR SOMEONE HITTING IT AS FAR AS FEELING IT UP IS GOING TO BE SOMEWHAT OF A DISTANCE WHERE THEY'RE GOING TO BRING A HOSE IN. HOW ARE THEY GOING TO FILL IT UP? AS FAR AS A TANK UP, YOU KNOW, WHEN THE FUELS GET OTHERS, I BELIEVE THERE ARE CURRENTLY THERE'S A THERE'S APPARENTLY THERE'S A TANK THERE FOR THE MARINE TO USE.

[00:25:01]

AND RIGHT NOW THEY'RE HAVING, YOU KNOW, A TRUCK CAN GET DOWN THERE TO FILL UP, NO PROBLEM.

BUT IT'S FAR ENOUGH AWAY THAT WE DON'T HAVE TO WORRY ABOUT THE TRUCK HITTING THE TANK AND LEAK. SO IT'S DOWN ON THE DOWN IN THE IN.

I'M NOT GOING TO CITE YOU COMING IN THE DRIVEWAY AND IT'S DOWN TOWARDS THE DOWN DOWN TOWARDS THE SOUTHWEST, BUT THEN THAT'S YOU KNOW, THAT'S THE BIG THING.

JUST THAT'S WHY I JUST WANT TO MAKE A CLARIFICATION THAT.

SO IT'S NOT GOING TO ACTUALLY HIT THE GAS AND NOT THE BRAKE AND DRIVE THROUGH THE TANK, AND THAT'S WHAT BROUGHT THE CONSTRUCTION BECAUSE IT HAS A CONCRETE, A SIX INCH CONCRETE ENCASEMENT IN ADDITION TO THE DOUBLE WALL, BOLLARDS WILL KIND OF PREVENT THAT.

I FIGURED THAT. BUT I JUST WANT TO GET CLARIFICATIONS FOR SIMILAR TO SOMETIMES YOU'LL SEE THE STEEL BOLLARDS IN FRONT OF BUSINESSES, CARS NOT GOING TO DRIVE THROUGH THAT.

OH, I UNDERSTOOD.

I JUST RIGHT NOW, THE TANK ITSELF IS IMPACT RATED AND THE ADDITIONAL BOLLARDS WOULD BE DOUBLE. YOU HAD ANOTHER QUESTION, YES, BUT I'M NOT SURE IF YOU'RE ABLE TO ANSWER.

HE HAD MENTIONED REGARDS TO CITY AGUSTA STAFF TALKING ABOUT THE HOURS OF OPERATION.

WAS THAT WELL, I DON'T KNOW IF YOU WOULDN'T BE ABLE TO ANSWER THAT.

WAS THAT GOING TO BE AN ISSUE WITH, YOU KNOW, KEEPING IT TO THE HOURS OF OPERATION VERSUS COMING, YOU KNOW, SOMEBODY THERE AT 5:00 A.M.

OR. RIGHT.

AND I BELIEVE THE HOUR I MEAN, REALLY, AS LONG AS IT ATTENDED, THEY SHOULD BE ABLE TO OPERATE. BUT I DON'T KNOW WHAT YOU KNOW, BY SETTING I BELIEVE THE OPERATING HOURS WERE ONLY BASED UPON THEIR CURRENT OPEN STORE OPEN HOURS.

BUT I KNOW RECENTLY I'VE SEEN I MEAN, I DROVE PAST THERE ALL THE TIME AND THERE'S A SIGN THAT SAYS, OH, COME ON, I'LL MEET AT SIX O'CLOCK, SIX THIRTY.

SO I BELIEVE I MEAN, IT'S UP TO THE CITY, BUT IT'S I BELIEVE THEY WOULD WANT TO BE ABLE TO SELL FUEL WHENEVER THEY OPEN IT.

AND I KNOW THAT WOULD BE IF I'D SAY AS SOON AS FIVE, FIVE THIRTY IN THE MORNING, AS YOU KNOW, AS EARLY AS THAT. I DON'T KNOW HOW LATE.

I WOULD YOU KNOW, IF THEY'RE ALL IN AGREEMENT WITH ALL OF STAR'S RECOMMENDATION, I'M SORRY, WOULD YOU KNOW IF THEY'RE IN AGREEMENT WITH ALL OF STAFF RECOMMENDATION? I'M MISSING THE SENATOR, WHAT I KNOW IS SOMETHING ABOUT STAFF RECOMMENDATIONS, WOULD YOU KNOW IF THE OWNERS ARE IN AGREEMENT WITH RECOMMENDATIONS? AND SO, YES, I HEARD THAT.

AND THE OTHER QUESTIONS. THANKS AGAIN.

IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OR OPPOSED TO THIS REASON, IF YOU WOULD COME TO THE PODIUM? I'VE GOT A QUESTION FOR YOU.

ONE OF THE STAFF RECOMMENDATIONS IS TO LIMIT THE HOURS OF OPERATION FROM 8:00 A.M.

TO 5:00 P.M. ON ANY GIVEN DAY.

WOULD THE STAFF HAVE ANY PROBLEM IF WE APPROVE THIS, IF WE DIDN'T ACCEPT THAT RECOMMENDATION BUT RECOMMENDED THAT HOURS OF OPERATION BE RESTRICTED TO NORMAL OPERATION, HOURS OF OPERATION OF THE BUSINESS ITSELF? I'D BE FINE AS LONG AS WE CAN CONFIRM THERE WAS AN ATTENDANT THERE, POTENTIALLY ADDITIONAL LIGHTING FOR THE SITE.

IF THERE'S ANY KIND OF ADDITIONAL LIGHTING THAT COULD ALSO BE REQUIRED THAT THAT WOULD BE. HELPFUL, BUT I DON'T REMEMBER THE PHOTOMETRIC PLAN OF THE SITE OFFHAND, JUST AS LONG AS WE CAN PROTECT PUBLIC SAFETY, HEALTH, WELFARE STAFF WOULD BE OK WITH IT.

BUT ANSWER YOUR QUESTION.

YES, THROUGHOUT THEIR BUSINESS OPERATION, THAT'LL BE FINE.

THANK YOU, GREASON. AND IS THERE A REASON THE APPLICANT ISN'T HERE TO ANSWER THESE QUESTIONS? NOT THAT I'M AWARE OF.

I WAS ONLY UNDER THE IMPRESSION THAT HE WAS GOING TO BE HERE.

I'VE BEEN DEALING WITH JAZZAR MOSTLY IS VERY HELPFUL IN THE CONSTRUCTION OF IT.

RIGHT. BUT I WAS UNDER THE IMPRESSION THAT HE WOULD BE HERE.

JUST ONE MORE QUESTION FOR STAFF.

YES, SIR. THE ONLY OTHER QUESTION I HAVE IS, ARE THERE ANY OTHER ADDITIONAL PRECAUTIONS FOR THE SITE ITSELF AT THE MARINA ITSELF, PREVENT ANYBODY FROM COMING IN TO MESS WITH THE TANKS OR WHEN ANYTHING AFTER THOSE HOURS? NOT THAT I'M AWARE OF.

I CAN'T REMEMBER IF SOMEONE ELSE CAN IF THERE'S A GATE INTO PALM BAY MARINA.

THE ONLY THING I THINK OF I DON'T BELIEVE THERE IS.

I DON'T BELIEVE SO ANOTHER GETTING THERE, REQUESTING A FENCE APPLICATION FOR AROUND THE MAIN BUILDING, BUT I'M NOT SURE IF THERE'S ANY FENCE THAT PREVENTS A TRUCK FROM JUST PULLING UP INTO THE PARKING LOT AND TAMPERING WITH IT.

NO, I'M NOT AWARE OF ANY PRECAUTION.

BUT OTHER THAN WHAT THE.

IT'S CONSTRUCTED WITH THE TANK ITSELF, I DON'T KNOW OF ANY OTHER ADDITIONAL PRECAUTIONS.

ANY OTHER QUESTIONS THAT PETER? AND, SIR, IF YOU WOULD, COME BACK TO THE PODIUM, I HAVE A QUESTION FOR YOU.

THANK YOU, GREASON. AND THE HOLES HAVE A LOCKING MECHANISM ON IT.

[00:30:03]

YES, THE TANK IN THE HOSE HAS A LOCK ON IT AND THEN THE FILLING.

THERE'S A YOU KNOW, ALL I WANT TO SAY, ALL THE PORTS OF THE TANKER LE.

THE FAILING MECHANISM, THE DISPENSING MECHANISM, BUT.

AND THE OTHER QUESTIONS. MAYBE A QUESTION FOR YOU, CAN THIS BE POSTPONED UNTIL THE APPLICANT IS HERE? OH.

I DON'T KNOW IF I HAVE AN ANSWER I CAN GIVE YOU AN ANSWER MIGHT NOT BE THE RIGHT QUESTION FOR MY CHAIRMAN. I WOULD AT THIS TIME.

I'LL ASK FOR A MOTION. ONE THING I WANT TO DRAW YOUR ATTENTION TO IS SOMETHING UNDER ITEM G. AND WILL YOU SEE UNDER ITEM G, SECTION ONE EIGHTY FIVE POINT FOUR FOR REQUIRES ANY, UH, ANY FUEL TANK OVER TWO HUNDRED FEET TO BE TO BE UNDERGROUND.

HOWEVER, DUE TO THE POTENTIAL ENVIRONMENTAL IMPACT OF THE BELOWGROUND FUEL TANK ADJACENT TO TURKEY CREEK, F REQUEST THAT THE BOARD AND COUNCIL EXEMPT THE APPLICATION FROM THIS PROVISION. SO IN YOUR MOTION, PLEASE REFER TO THAT EXEMPTION AS WELL AS THE STAFF RECOMMENDATION OF THE HOURS OPERATION FROM EIGHT THIRTY TO FIVE.

CHANGE THAT TO THE NORMAL OPERATIONS OF THE HOURS OF OPERATION OF THE BUSINESS ITSELF.

CAN I GET A MOTION PLEASE? INTO YOUR PRIVACY, YOU EIGHTEEN, TWENTY, TWENTY ONE SUBJECT F APPROVAL WITH THE CHANGES TO THE HOURS OF OPERATION TO THE NORMAL OPERATION HOURS BUSINESS EXEMPT FROM THE.

I'M H. AND TO.

ALL RIGHT, ADDITIONAL LIGHTING IF NECESSARY, IF THEIR HOURS ARE GOING TO BE BEFORE.

EMOTION, WE HAVE A SECOND EMOTION SECOND, ANY FURTHER DISCUSSION? OTHER THAN JUST SHE DID NOT MENTION ITEM G.

I'M SORRY, ITEM G, NOT ITEM EMOTION.

TEMPT THEM FROM INTO AN ABOVE GROUND TO.

WE HAVE MOTION AND A SECOND.

ANY FURTHER DISCUSSION, ALL IN FAVOR, SAY I WILL OPPOSE.

CARRIES SIX TO ONE.

OUR NEXT CASE, PLEASE.

UH, REEDLEY.

GOOD EVENING, THIS IS APPLICATION 19, 20, 21.

COLLOQUIALLY KNOWN AS THE GOLF CART ORDINANCE, SO TEXTUAL AMENDMENT TO CHAPTER 179 STREETS AND OTHER RIGHT OF WAY.

SECTION ONE SEVENTY NINE POINT ONE, 08 THROUGH ONE CITY, NINE ONE 17 INCLUSIVE.

IT'S ALL NEW TEXT.

THE APPLICANT WITH ASSISTANCE FROM THE CITY CREATED A PROPOSED GOLF CART ORDINANCE TO SUPPORT FUTURE PROPOSED DEVELOPMENT KNOWN AS EMERALD LAKES, WHICH IS LOCATED IN THE SOUTH EAST PALM BAY DESCENT TO I-95 IN THE VICINITY OF 166 AND ST.

JOHN'S HERITAGE PARKWAY.

THE APPLICANT, EMERALD LAKES INVESTMENT HOLDINGS LLC, DESIRES TO HAVE GOLF CARTS ALLOWED WITHIN THEIR DEVELOPMENT TO TRAVEL ALONG ATWAL ON THE NORTH AND SOUTH SIDE OF THE PARKWAY AND TO BE ALLOWED TO CROSS THE PARKWAY AT SIGNALIZED INTERSECTIONS IN ORDER TO OPERATE GOLF COURSE ON THE MULTIUSE PATH AND CROSS THE PARKWAY.

AN ORDINANCE IS NECESSARY TO ESTABLISH HOW THE GOLF CARTS WILL BE PERMITTED WITHIN THE CITY'S RIGHT OF WAY. AREAS WITHIN THE RIGHT OF WAY FOR GOLF CART OPERATION SHALL BE APPROVED BY THE CITY ENGINEER.

ENFORCEMENT OF THE ORDINANCE WITHIN THE CITY'S RIGHT OF WAY WILL BE BY THE POLICE DEPARTMENT. THE OPERATION OF GOLF CARTS ALONG PRIVATE STREETS WITHIN EMRAH LAKES WILL BE GOVERNED IN THE FUTURE BY THE DECLARATION OF RESTRICTIONS.

PROPERTY OWNER AND HOMEOWNERS ASSOCIATION DOCUMENTS TO BE PREPARED BY THE APPLICANT AND APPROVED BY THE CITY. THE POA WILL BE RESPONSIBLE FOR ENFORCEMENT ON THE PRIVATE STREETS AND PROPERTIES. ORDINANCE AT PRESENT DOES NOT AUTHORIZE THE USE OF GOLF CARTS TO TRAVEL ON OR CROSS OVER ANY STREETS ROADWAYS WITH WHICH ARE WITHIN THE JURISDICTION OF A VAST COUNTY OR THE STATE OF FLORIDA.

THUS, THE GOLF CARTS MAY NOT ENTER INTO OR CROSS OVER THE I-95 INTERCHANGE.

ON MAY 10TH, 2021, THE CITY OF PALM BAY STAFF AND FLORIDA DOTTI DISCUSSED VIA AN ONLINE MEETING THAT THE ORDINANCE MAY NOT AUTHORIZE ENTERING OR CROSSING I-95 UNLESS THE ORDINANCE IS REVIEWED TO PROVE BY FLORIDA'S DEPARTMENT OF TRANSPORTATION FTC AND THE

[00:35:03]

FEDERAL HIGHWAY ADMINISTRATION.

SIGNS SHOULD BE INSTALLED TO ALERT GOLF CART OPERATORS OF THE AREA WHERE GOLF CARTS ARE PROHIBITED TO ENTER FURTHER.

DURING THE DISCUSSION OF MAY 10TH, IT WAS ESTABLISHED THAT THE ORDINANCE DOES NOT AUTHORIZE ANYONE, ANY OTHER COMMUNITY APPROVED AS A GOLF CART COMMUNITY UNTIL SUCH TIME AS A WRITTEN REQUEST, ALONG WITH A MAP OF THE GOLF COURSE COMMUNITY IS PRESENTED TO CITY COUNCIL AND SUBSEQUENTLY APPROVED TO OPERATE UNDER THIS ORDINANCE.

ANALYSIS OF THE PROPOSED GOLF COURT AUDIENCE CONTAINS 10 SUBSECTIONS, WHICH ARE SUMMARIZED BELOW SECTION ONE SEVEN NINE POINT ONE 08 LEGISLATIVE INTENT, THE SECTION ARTICULATES REASONS AND APPLICABILITY OF THE ORDINANCE.

IT ALSO REFERENCES ENABLING STATUTES IN STATE STATUTES.

SECTION 179 109 APPLICABILITY INDICATES THAT THE ORDINANCE CAN ONLY BE APPLIED IN APPROVED GOLF CART COMMUNITIES AND APPROVED STATE HIGHWAY CROSSINGS.

SECTION 179 110 DEFINITIONS PROVIDER'S DEFINITIONS OF TERMS WITHIN THE ORDINANCE AND INCLUDES A NUMBER OF REFERENCES TO STATE STATUTES.

SECTION 179 111 OPERATION OF GOLF CARTS, THE SECTION PROVIDES THE SPECIFIC RULES AND CONDITIONS FOR THE OPERATION OF GOLF CARTS.

THE SECTION INCLUDES SPECIFIC DESIGN STANDARDS AND REQUIREMENTS.

IT SHOULD BE NOTED THAT THESE CAN ONLY BE APPLIED ON ROADS WITH A SPEED LIMIT OF 35 MILES PER HOUR OR LESS.

SECTION 179, 112 GOLF CART CROSSINGS PROHIBITED FOR DESIGNATED CITY STREETS OR ROADS, THIS PUTS THE SPEED LIMIT OF GREATER THAN 35 MILES PER HOUR.

THIS SECTION PROVIDES FOR DESIGN CRITERIA AND RESTRICTIONS FOR CROSSING ROADS WITH SPEED LIMITS IN EXCESS OF 35 MILES PER HOUR.

SHOULD BE NOTED THAT THE PARKWAY HAS A POSTED SPEED LIMIT OF 45 MILES PER HOUR.

BASED UPON THIS CRITERIA IN THE SECTION, THE PARKWAY MAY ONLY BE CROSSED BY GOLF CARTS AT FULLY SIGNALIZED INTERSECTIONS.

SECTION 179 113 GOLF CART CROSSINGS PROPOSED AT A LOCATION ON THE STATE HIGHWAY SYSTEM.

THIS SECTION SPECIFICALLY PROVIDES SPECIFICATIONS FOR STATE HIGHWAY CROSSINGS BASED UPON THE MAY 10TH DISCUSSION BETWEEN THE CITY AND IF THAT THERE CANNOT BE ANY CROSSING OF STATE HIGHWAY SYSTEM UNTIL THE APPLICANT SPECIFICALLY APPLIES FOR IS GRANTED PERMISSION FROM AND A FEDERAL HIGHWAY ADMINISTRATION.

SECTION 179 114 OTHER PROHIBITED CONDUCT, TWO ADDITIONAL PROVISIONS ARE INCLUDED IN THE SECTION THAT INCLUDE VIOLATORS CAN BE TICKETED AND MEN ARE SIMILAR TO OTHER MOTOR VEHICLES. SECTION 179 115 SIGNAGE AUTHORIZES CITY MANAGER AND STAFF TO POST SIGNAGE RELATED TO THE OPERATION IN GOLF CARTS SECTION 179 116.

IN APPLICABILITY TO ANY ENDIVES, THE SECTION EXCLUDES NEIGHBORHOOD ELECTRIC VEHICLES AND EVY'S FROM THE ORDINANCE.

GOLF CARTS ARE DEFINED IN STATE STATUTES SECTION THREE TWENTY POINT ZERO ONE, PARAGRAPH 22 AS HAVING A MAXIMUM SPEED OF 20 MILES PER HOUR.

GOLF CARTS ARE EXEMPT FROM REGISTRATION AND LICENSING REQUIREMENTS PER FLORIDA STATUTE 321 OR FIVE.

NEV'S ALSO KNOWN AS LOW SPEED VEHICLES IN SECTION THREE TWENTY POINT ONE.

PARAGRAPH 41 OF THE STATE STATUTES HAVE A MAXIMUM SPEED ABOVE TWENTY MILES PER HOUR AND MUST BE LICENSED AND PLATED AS MOTOR VEHICLES.

ANY OF THESE MUST ALSO BE OPERATED BY PEOPLE WITH VALID DRIVER'S LICENSES.

SECTION 179 117 PENALTY AND ENFORCEMENT PROVIDES FOR THE ENFORCEMENT OF THE POLICED BY THE POLICE DEPARTMENT OF THE ORDINANCE WITHIN THE CITY'S RIGHT OF WAY, WITH PENALTIES SIMILAR TO THOSE OF MOTOR VEHICLES, THE OPERATION OF GOLF CARTS ALONG THE PRIVATE STREETS OR WILL BE GOVERNED IN THE FUTURE.

DECLARATION RESTRICTIONS PROPERTY OWNER AND HOMEOWNER ASSOCIATION DOCUMENTS STAFF RECOMMENDATION STAFF RECOMMENDS APPROVAL OF THE GOLF CART ORDINANCE.

IT SHOULD BE NOTED THAT ANY DEVELOPMENT THAT SEEKS TO BE CONSIDERED AS A GOLF CART COMMUNITY MUST OBTAIN APPROVAL FROM CITY ENGINEER AND CITY COUNCIL.

SO THAT'S MY REPORT.

I'M AVAILABLE FOR QUESTIONS AND THE APPLICANT IS PRESENT.

THANK YOU. THANK YOU.

WILL HAVE ANY QUESTIONS FROM MR. BRADLEY. JUST ONE QUICK QUESTION.

THIS, FROM MY UNDERSTANDING, REGARDS TO THINGS LIKE, YOU KNOW, WEARING YOUR SEATBELTS, ARE THOSE WHAT YOU MEANT BY SIMILAR? BECAUSE I'VE NEVER SEEN ANYONE.

ONE, I DON'T BELIEVE THAT GOLF CARTS HAVE SEATBELTS BECAUSE, AS I SAID, THERE'S A DIFFERENCE IN GOLF CARTS IN THE NEV'S.

SO THERE'S SPECIFIC STATUTES THAT TALK ABOUT GOLF CARTS.

I DON'T BELIEVE THAT A SEATBELT IS A REQUIREMENT IN A GOLF CART.

I'M NOT SURE BECAUSE I'M NOT THE EXPERT CITY ENGINEER AND POLICE ARE GOING TO BE THE ONES ENFORCING IT. BUT BASED ON MY READING OF MY RESEARCH, I DON'T BELIEVE THAT SEATBELTS ARE REQUIRED. AND DOES IT COVER HOW MANY PEOPLE CAN BE IN THE GOLF CART? BECAUSE WHAT I'VE SEEN IS LIKE SOMETIMES THERE ARE SIX PEOPLE.

WELL, LOOK, AGAIN, I BELIEVE GOLF CARTS HAVE A RATING BASED ON THE CAPACITY AND THE SIZE

[00:40:01]

OF THE GOLF CART. AND IF THEY'RE OVERCAPACITY, THAT WOULD BE GOOD.

IF IT'S OPERATE ON THE CITY RIGHT OF WAY, IT WOULD BE UP TO PD TO ENFORCE.

IF THERE'S OVERCAPACITY ON THE PRIVATE STREETS, IT'S UP TO THE HIGHWAY AND THE POWER TO REGULATE THAT ON THE PRIVATE STREETS.

BUT I BELIEVE GOLF CARTS HAVE A RATING FOR THE CAPACITY.

THANK YOU. ALL RIGHT, THANK YOU. OTHER QUESTIONS, I HAVE A QUICK QUESTION AND FIND IT NOW. I WAS READING ABOUT EIGHT AGE REQUIREMENTS AND IT JUST SAID MINORS.

I SEE. FLORIDA STATUTE SAYS 14 YEARS OF AGE IS.

MINIMUM AGE TO OPERATE A GOLF CART, BUT OUR AUDIENCE DOESN'T SPECIFY THAT.

I THINK IT JUST WE DON'T HAVE A SPECIFIC AGE IN OUR AUDIENCE.

THAT'S CORRECT. I BELIEVE THAT OUR AUDIENCE HAS QUITE A FEW REFERENCES TO THE STATE STATUTE. SO WHATEVER THE STATE WOULD ALLOW, I BELIEVE THAT'S WHAT OUR AUDIENCE IS GOING TO REFER BACK TO OUR OUR SAYS BY MINORS, UNLESS ACCOMPANIED BY AN ADULT IN THE GOLF CART IS EQUIPPED WITH AN OPERATIONAL HORN.

OK, I GUESS, YEAH, AGAIN, BUT THERE ARE SOME REFERENCES TO THE STATUTE, I DON'T KNOW SPECIFICALLY. AGAIN, PROBABLY SOMETHING THAT PEEVEY WILL HAVE TO ADDRESS.

IF THEY HAVE TO STOP SOMEONE ON THE GOLF CART, THEY'LL HAVE TO MAKE SURE THAT THEY MEET THE REQUIREMENTS. NO, I UNDERSTOOD.

I JUST WANT TO MAKE SURE OUR ORDINANCE ISN'T CONTRARY TO THE STATE STATUTE.

I THINK THAT'S WHY WE LEFT THE AGE OUT, BECAUSE WE DIDN'T WANT TO HAVE CONFLICT.

OK, YEAH, I WAS JUST ABOUT TO SAY ABOUT OUR AUDIENCE, WE HAVE TO APPROVE ANY GULF COAST COMMUNITY, WE CAN WE CAN IMPOSE FURTHER RESTRICTIONS, YOU KNOW, OTHER THAN THE STATE RESTRICTIONS WE CAN REQUIRE CAN REQUIRE OPERATORS TO BE OF OF LEGAL AGE.

OK, YES. SO I GUESS THAT THAT MEANS THAT IF YOU'RE A MINOR, YOU HAVE TO HAVE AN ADULT WITH YOU IN THE VEHICLE.

AND OUR CITY ATTORNEY DID COMMENT.

AND I BELIEVE THAT THE THEY ALSO CITY ATTORNEY'S OFFICE ALSO DID REVIEW THIS ORDINANCE.

EVEN A MINOR THAT'S LICENSED TO DRIVE A 16 YEAR OLD LICENSE TO DRIVE A MOTOR VEHICLE AS A MINOR JUST SAYS MINOR.

ANYONE UNDER 18 IS A MINOR.

SO I WOULD LIKE TO SEE IT BE A LITTLE BIT MORE SPECIFIC.

YEAH, I GUESS IF YOU WANT TO HAVE A SPECIFIC AGE OR SOMETHING.

WELL, I JUST I JUST DON'T WANT IT TO BE SUBJECTED TO, YOU KNOW, ONE PERSON GETS THE TICKET IN, THE NEXT ONE DOESN'T, YOU KNOW, BECAUSE I LIKE TO SEE A CUT AND DRY.

SO THERE'S NO NO SAYING THAT, YOU KNOW, YOU TARGETED ME, NOT THE OTHER GUY.

ALSO TO ATTENTION.

YOU DON'T NEED A DRIVER'S LICENSE TO OPERATE A GOLF CART.

YOU DON'T. BUT BUT IT DOES SAY MINOR.

A MINOR. IF MY 16 YEAR OLD SON IS A MINOR, BUT HE IS HE'S LICENSED TO DRIVE A MOTOR VEHICLE SO HE COULD HE COULD LEGALLY DRIVE A CAR.

BUT BUT HE CAN'T DRIVE A GOLF CART WITHOUT WITHOUT MY SUPERVISION, ACCORDING TO THIS ORDINANCE. I LIKE TO SEE IT A LITTLE BIT MORE SPECIFIC.

SO WOULD YOUR RECOMMENDATION BE A LICENSED DRIVER OR IF.

WELL, TYPICALLY WHAT I MEAN IS IF WE'RE GOING TO IF WE'RE GOING TO WE'RE GOING TO DO I MEAN, IF WE'RE NOT GOING TO GO BY THE STATE STATUTES, AT LEAST LIKE TO SPELL OUT WHAT WE'RE LOOKING FOR, WHETHER IT'S A LICENSED DRIVER, AN AGE SPECIFIC, WHATEVER IT IS, WHATEVER IT'S GOING TO BE. AND I WOULD IMAGINE, AGAIN, I'M JUST PROJECTING HERE THAT IF THE THE OPERATOR OF THE GOLF CART IS NOT A LICENSED DRIVER, SAY THEY'RE 15 OR 14, BUT THEY HAVE A BROTHER OR SISTER WITH THEM WHO'S GOT A DRIVER'S LICENSE, THEY'RE STILL A MINOR. SO MAYBE EVEN THOUGH THEY MAY HAVE A DRIVER'S LICENSE OR MAYBE IF THE MINERS OPERATING IT WITHOUT A DRIVER'S LICENSE, YOU HAVE TO HAVE A PERSON WITH A LICENSE.

I MEAN, THAT'S JUST ONE WAY OF THINKING ABOUT IT.

YEAH, NO, I UNDERSTAND.

BUT LIKE I SAID, ONE OFFICER CAN INTERPRET IT ONE WAY AND ANOTHER OFFICER INTERPRET ANOTHER WAY. I WOULD LIKE IT TO BE INTERPRETED THE SAME WAY.

NO MATTER WHO COMES IN CONTACT WITH THAT DRIVER.

I THINK WE CAN ADDRESS THAT SIMPLY, YOU KNOW, IS APPROVED THE AMENDMENT WITH THE AS IT IS, EXCEPT FOR THE FACT THAT WE CAN ADD IF A MINOR IS A LICENSED DRIVER, HE MAY THEN BE PERMITTED TO DRIVE THE GOLF CART.

THAT WOULD SOLVE THAT PROBLEM.

ALL RIGHT. I'M SORRY, WHAT WAS YOUR.

WELL, JUST NOW WE APPROVE WE APPROVED THE AMENDMENT WITH THE PROVISO THAT A IF A, YOU KNOW, REQUIRING A OPERATOR TO BE TO BE ABOVE LEGAL AGE.

HOWEVER, IF A MINOR IS A LICENSED DRIVER, HE MAY ALSO OPERATE THE GOLF.

IF WE LOOK AT NUMBER SEVEN, HOW ABOUT THIS BY MINORS, UNLESS ACCOMPANIED BY AN ADULT OR A LICENSED DRIVER. IF YOU GO THAT WAY, THAT WOULD RESOLVE THESE CONCERNS, THE MINERS, A LICENSED DRIVER, IT WOULD JUST MAKE IT KNOWING IT WOULD HAVE A DRIVER'S LICENSE ON THEM.

[00:45:05]

BUT THE POLICE STOPPED THEM AND SAID THAT HE IS A LICENSED DRIVER OR ACCOMPANIED BY A LICENSED DRIVER. SO, YEAH, THAT THAT MAKES SENSE.

SO IF SOMEBODY IS WITH THEM, THAT'S A LICENSED DRIVER THAT KNOWS THE LAWS OF A TYPICAL.

THAT WOULD RESOLVE THEIR PROBLEM.

THANK YOU, JENNIFER. OK, AT THIS POINT, ALL OVER THE PUBLIC HEARING, IS THERE ANYONE IN THE AUDIENCE WHO WISH TO SPEAK IN FAVOR OR OPPOSE JAKE? THANK YOU, JAKE, WHAT IS THE BUSINESS ADDRESS IS TWENTY SIX FIFTY ONE WESTLAKE BOULEVARD.

I'M A CIVIL ENGINEER FOR THE OVERALL PROJECT, SO I HAD THE EXACT SAME NOTES WRITTEN DOWN FOR NUMBER SEVEN. THANK YOU.

BUT JUST QUICKLY, WHAT WE'RE ASKING FOR TONIGHT IS SIMPLY TO CHANGE THE ORDINANCE TO ALLOW FOR COMMUNITIES IN THE FUTURE TO APPLY TO BECOME A GOLF CART COMMUNITY.

SO TONIGHT, WE'RE NOT ASKING YOU TO BECOME A GOLF CART COMMUNITY AT ALL JUST TO ALLOW POTENTIALLY AN ORDINANCE CHANGE THAT WOULD ALLOW US OR OTHER PROJECTS TO APPLY IN THE FUTURE. SO IF WE DO APPLY AND THAT IS OUR INTENTION, WE WOULD COME BACK BEFORE THIS BOARD AND OF COURSE, CITY COUNCIL AND THERE COULD BE FURTHER OR DIFFERENT RESTRICTIONS MADE ON US. AND THIS HAS BEEN YEARS IN THE MAKING.

WE'VE BEEN WORKING WITH STAFF.

THIS ORDINANCE FOLLOWS DOT GUIDELINES.

THERE ARE A LOT OF RESTRICTIONS AND CAVEATS AND THINGS THAT THE CITY ENGINEER CAN SPECIFY. THERE'S REFERENCES TO THINGS THE CITY MANAGER CAN SPECIFY.

AND, OF COURSE, THIS BOARD AND CITY COUNCIL ULTIMATELY AS WELL.

AND THEN JUST JUMPING INTO THE COUPLE OF COMMENTS I HEARD, SECTION ONE SEVENTY NINE POINT ONE ONE ONE TALKS ABOUT THE OPERATION OF THE GOLF COURSE AND A SEVEN SPECIFICALLY SAYS BY MINORS UNLESS ACCOMPANIED BY ADULT.

AND WE WERE GOING TO RECOMMEND ADDING OR LICENSED DRIVER.

SO THAT WOULD BE PERFECT, JUST AS STAFF HAD MENTIONED.

AND THEN THE VERY NEXT ONE, NUMBER EIGHT, I THINK, ANSWERS YOUR QUESTION EARLIER.

IT'S AS TRANSPORTING MORE PASSENGERS AND THE NUMBER OF PASSENGERS FOR WHICH THE GOLF CART WAS DESIGNED TO CARRY OR TRANSPORTING ANY PASSENGER WHO IS NOT SEATED IN A POSITION INTENDED BY THE GOLF CART MANUFACTURER TO CARRY A PASSENGER.

SO THAT IS NOT ALLOWED AND THEY DON'T HAVE REFERENCES TO SEATBELTS AT ALL TO SEE OR WEAR AS WELL. OTHER THAN THAT, STAFF RECOMMENDED APPROVAL.

AND LIKE I SAID, THIS HAS BEEN YEARS IN THE MAKING TO GET TO THIS POINT.

SO WE'RE PRETTY EXCITED AND APPRECIATE A CHANCE TO RESPOND TO ANY PUBLIC COMMENTS AND HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

THANK YOU, JAKE. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OR OPPOSED TO THIS APPLICATION? AND I'LL CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION. MOTION TO APPROVE CASE 19, 20, 21.

AND THE CONDITION OF CHANGING ITEM NUMBER SEVEN UNDER.

AND AS AMENDED.

I'LL MAKE A MOTION, AS WITH YOU HAVE IT AS THE AMENDED LANGUAGE NUMBER SEVEN.

OUR NUMBER SEVEN. SO I CAN.

THE MOTION SAYING ANY FURTHER DISCUSSION, I'LL OPPOSE THE I ALL RATHER ALL THE SAY I WAS NAY MOTION CARRIED UNANIMOUSLY.

THANK YOU, MR. BRADLEY.

NEXT CASE, PLEASE, GRACE, IN EUROPE AGAIN.

RIGHT, CASE V.

22, THAT'S 20 21, A VARIANCE TO A PROPOSED SCREEN PORCH TO ENCROACH THREE FEET THREE FEET

[NEW BUSINESS:]

INTO THE 25 FOOT REAR BUILDING SET BACK AS ESTABLISHED BY SECTION ONE EIGHTY FIVE POINT ZERO THREE FOUR F7 D THE PERMIT CODE OF ORDINANCES.

BACKGROUND, THE PROPERTY CONSISTS OF ONE STANDARD GENERAL DEVELOPMENT CORPORATION LOT WITH A WIDTH OF 80 FEET AND A DEPTH OF 125 FEET.

THE PROPERTY WAS CONSTRUCTED IN 2016 AND PURCHASED BY THE CURRENT APPLICANT SLASH OWNER THIS YEAR. ALSO THIS YEAR, THE APPLICANT RECEIVED A BUILDING PERMIT FOR A 10 FOOT BY 27 FOOT CONCRETE SLAB WITH A PERMIT 21 DASCH 29 81.

[00:50:01]

THE APPLICANT NOW SEEKS TO CONSTRUCT A REAR PORCH OVER THE SLAB, UTILIZING AN ALUMINUM ROOF THAT WOULD EXTEND TO THE REQUIRED BUILDING SETBACK ANALYSIS.

VARIANCES FROM THE TERMS OF DEVELOPMENT CODE MAY BE GRANTED WHEN SPECIAL CONDITIONS EXIST. THAT WOULD RESULT IN UNNECESSARY HARDSHIP.

IF THE PROVISIONS OF THE LAND DEVELOPMENT CODE WERE ENFORCED OVER, A VARIANCE MAY NOT BE GRANTED WHEN THE PUBLIC HEALTH AND SAFETY WOULD BE COMPROMISED AS A RESULT OF A VARIANCE.

APPLICATION MUST DEMONSTRATE THAT ITEMS 137 OF SECTION 169 POINT ZERO ZERO NINE OF THE CODE OF ORDINANCES HAVE BEEN MET.

A REVIEW OF THESE ITEMS IS AS FOLLOWS.

ITEM ONE SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST WHICH ARE PROCURED THE LAND STRUCTURE OR BUILDING INVOLVED IN WHICH ARE NOT APPLICABLE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME LAND USE CATEGORY, ZONING DISTRICT OR SITUATION.

THE APPLICANT'S REPRESENTATIVE STATES.

WHEN WE APPLIED FOR THE CONCRETE SLAB PERMIT, WE WERE ALWAYS THINKING OF PUTTING AN ALUMINUM SCREEN PORCH IN THE CITY.

NEVER INFORMED US THAT ALUMINUM ROOF COULD NOT BE BUILT WHEN CONCRETE SLAB PERMITS ARE ISSUED. THE BUILDING DEPARTMENT STAMPS THE PERMIT, INDICATING THAT THE APPROVAL OF THE PERMIT DOES NOT MEAN THE BUILDING SETBACKS CAN BE ENCROACHED.

THE STAMP WAS NEVER GIVEN ON THE PERMIT.

OR THE MORE THE HOUSE WAS CONSTRUCTED UNDER A PREVIOUS OWNER IN PLACE, 38 FEET BACK FROM THE FRONT PROPERTY LINE, THIS IS 13 FEET MORE THAN THE REQUIRED BY THE MINIMUM 25 FRONT SETBACK REQUIREMENTS OF THE IRS TO SINGLE FAMILY RESIDENTIAL ZONING DISTRICT.

THIS EFFECTIVELY REDUCES THE DEPTH OF THE BACKYARD AND LIMITS ANY BUILDING ADDITIONS OR ACCESSORY STRUCTURES THAT CAN BE PLACED IN THE REAR YARD AT THE HOME AND PLACE OF THE 25 FOOT FRONT SET BACK LINE, AND THE APPLICANT WOULD NOT HAVE NEEDED TO APPLY FOR VARIANCE.

THE BOARD AND COUNCIL MAY CONSIDER THE FAILURE TO NOTIFY THE APPLICANT OF THE PROVISIONS FOR THE PLACEMENT OF OPEN CONCRETE SLABS VERSUS PRINCIPAL STRUCTURE ENLARGEMENTS AND THE PLACEMENT OF THE HOME ON THE PROPERTY AS SPECIAL CONDITIONS AND CIRCUMSTANCES.

ITEM TWO, SPECIAL CONDITIONS AND CIRCUMSTANCES IDENTIFIED IN ITEM ONE ABOVE ARE NOT THE RESULT OF THE ACTIONS OF THE APPLICANT.

THE CONDITIONS AND CIRCUMSTANCES IDENTIFIED OUT OF ONE ARE NOT THE RESULT OF THE ACTIONS, THE APPLICANT AS THE APPLICANT WAS NOT SUFFICIENTLY INFORMED BY THE CITY NOR THE ORIGINAL OWNER OF THE HOME THAT BUILT THE STRUCTURE SO FAR BACK FROM THE TYPICAL BUILDING SET BACK. ITEM THREE, LITERAL INTERPRETATION AND ENFORCEMENT, THE LAND DEVELOPMENT CODE REGULATIONS WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTIES IN THE SAME LAND USE CATEGORY, ZONING DISTRICT OR SITUATION OF THE TERMS LAND DEVELOPMENT CODE AND WOULD WORK UNNECESSARY AND UNDUE HARDSHIP ON THE APPLICANT.

LITERAL INTERPRETATION ENFORCEMENT, THE LAND DEVELOPMENT CODE, OR REQUIRE THE APPLICANT TO BUILD WITHIN THE APPLICABLE SETBACKS.

BUILDING WITHIN THE REQUIRED SET BACKS WOULD ONLY ALLOW FOR A MINIMUM ROOF ALUMINUM ROOF WITH A DEPTH OF SEVEN FEET, WHICH IS SMALLER THAN THE STANDARD PORCH ITEM FOR THE VARIANCE. IF GRANTED, IS THE MINIMUM VARIANCE NECESSARY TO MAKE POSSIBLE THE REASONABLE USE OF THE LAND BUILDING OR STRUCTURE MAXIMUM OF THREE FEET INTO THE 25 YEAR BUILDING SET BACK WOULD BE NEEDED TO MEET THE APPLICANT'S REQUEST.

ITEM FIVE RANTZEN OF THE VARIANCE REQUEST WILL NOT CONFER ON THE APPLICANT ANY SPECIAL PRIVILEGE THAT IS DENIED BY DEVELOPMENT CODE TO OTHER LANDS, BUILDINGS OR STRUCTURES IN THE SAME LAND CATEGORY, ZONING DISTRICT OR SITUATION.

WE'RE OF THE VARIANTS WOULD CONFER UPON THE APPLICANT A SPECIAL PRIVILEGE FOR THE SETBACK RELIEF AS THE SAME DEVELOPMENT STANDARDS APPLY TO OTHER PROPERTIES IN THIS COMMUNITY.

ENCROACHMENT, HOWEVER, DOES NOT APPEAR TO CREATE ANY HEALTH OR SAFETY HAZARDS TO ADJACENT PROPERTIES. ITEM SIX, THE GRANTING OF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THIS CODE WILL NOT BE INJURIOUS TO THE SURROUNDING PROPERTIES OR DETRIMENTAL TO THE PUBLIC WELFARE.

STAFF HAS NOT IDENTIFIED ANY DETRIMENTAL EFFECT TO THE PUBLIC WELFARE, IT SHOULD BE NOTED THAT THE REAR PORCHES ARE COMMON IN SINGLE FAMILY HOME CONSTRUCTION, THE ENCROACHMENT OF THE PORCHES INTO THE REAR YARD, WHICH IS SEPARATED FROM OTHER HOMES TO THE SOUTH BY 110 FOOT WIDE CANAL ROW.

ITEM SEVEN, THE VARIANCE REPRESENTS A REASONABLE DISPOSITION OF A CLAIM BROUGHT UNDER THE BRIDGE OF HARRIS PRIVATE PROPERTY RIGHTS PROTECTION ACT, CHAPTER 95 181 LAWS OF FLORIDA, A LIMIT ORDER OF THE CITY IS REASONABLY BURDEN THE APPLICANT'S PROPERTY BASED ON THE RECOMMENDATIONS OF THE SPECIAL MASTER APPOINTED IN ACCORDANCE WITH THE ACT OR THE ORDER OF THE COURT DESCRIBED. IN EFFECT, STAFF HAS NOT RECEIVED A CLAIM MADE UP ON THE PROPERTY WAS A HARRIS ACT OR ANY DEVELOPMENT ORDER AS INDICATED ABOVE.

AFRICAN NATION, THE PLANNING AND ZONING BOARD MUST DETERMINE, BASED ON THE FACTS PRESENTED, TO WHAT DEGREE, IF ANY, OF ANIMAL RELIEF IS REQUIRED TO MEET THE NEEDS OF THE VARIANTS BEING REQUESTED AS REQUIRED UNDER SECTION ONE SIXTY NINE POINT ZERO ZERO NINE.

THE CITY OF BOMBAY CODE OF ORDINANCES AND MAKE RECOMMENDATIONS TO CITY COUNCIL FOR A FINAL REVIEW. WITH THAT, I CAN ANSWER ANY QUESTIONS YOU MAY HAVE.

OR HAVE ANY QUESTIONS FOR STAFF.

AND THANK YOU, GRAYSON, AT THIS POINT, WILL THE AFGHANS REPRESENTATIVE PLEASE COME TO THE PODIUM? YES, AND THE CONTRACTOR BUILDING THE ALUMINUM PORCH AND REPRESENTING THE HOMEOWNER IS IN THE HOSPITAL RIGHT NOW.

IN JUST AN ALUMINUM STRUCTURE WITH A WOMAN ON A ROOF, AND THAT'S ABOUT IT.

I WOULD HAVE ANY QUESTIONS FOR THE APPLICANT.

THANK YOU, MR.. AT THIS POINT, I'LL OPEN THE PUBLIC HEARING, IS ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OR OPPOSED TO THIS APPLICATION? NOW, IT WAS PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION.

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MOTION TO APPROVE CASE B, DASH 22, DASH 20, 21 AGAINST A SECOND, ANY FURTHER DISCUSSION ALL IN FAVOR, SAY I OPPOSE MOTION CARRIES UNANIMOUSLY.

CASE NUMBER CASES TWO AND THREE UNDER NEW BUSINESS HAVE BEEN CONTINUED TO JULY 7TH, BRINGS US TO CASE NUMBER FOUR, PATRICK.

BEFORE I CONTINUE, CAN YOU CLARIFY WHOSE SECOND LAST MISSION? IT WAS VERY HARD TO HEAR WITH THE MASK AND NO HEAD WENT FORWARD, SO SOMETIMES I HAD TO CLARIFY ITS CASE ON THE GINƉS CP SIX TWENTY TWENTY ONE BACKGROUND PROPERTIES IN THE VICINITY SOUTHWEST OF THE TERMINUS OF MARYLAND TO DRIVE NORTH OF DAVIS LANE AND ONE MILE WEST OF BABCOCK STREET.

SPECIFICALLY, THE SUBJECT PROPERTY IS A PORTION OF TAX PASSELL 500 SECTION FOR TOWNSHIP 30 S RANGE 37 EAST.

ITS PROPERTY IS VACANT, UNDEVELOPED LAND AND AS PART OF A FORMER ORANGE GROVE, THE APPLICANT HAS OWNED THE OVERALL TAX PARCELS SINCE DECEMBER OF 2008 AND IS REQUESTING A SMALL SCALE COMPREHENSIVE PLAN.

FUTURE LAND USE MAP AMENDMENT TO CHANGE NINE POINT FIVE THREE ACRES OF LAND FROM SINGLE FAMILY RESIDENTIAL USE TO MULTIPLE FAMILY RESIDENTIAL USE.

THE APPLICANT IS BENJAMIN JEFFERYS, MANAGING MEMBER OF WATERSTONES FARMS LLC ANALYSIS PER CHAPTER 193 COMPREHENSIVE PLAN REGULATIONS, SECTION ONE, ANY THREE POINT ZERO AND B THE PURPOSE AND INTENT OF THE COMPREHENSIVE PLAN IS TO ENCOURAGE THE MOST APPROPRIATE USE OF LAND AND RESOURCES TO PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY.

ITEM ONE FEATURE LINEAS ELEMENT.

THE COMPREHENSIVE PLAN FOR THE LAND USE ELEMENT GOAL EVALU ONE IS TO ENSURE A HIGH QUALITY DISPERSIVE FIND LIVING ENVIRONMENT THROUGH THE EFFICIENT DISTRIBUTION OF COMPATIBLE LAND USES.

COMPLAN GOAL FOR YOU TWO IS TO PROVIDE FOR AND MAINTAIN VIABLE NEIGHBORHOODS AND RESIDENTIAL DEVELOPMENT TO MEET THE EXISTING AND FUTURE NEEDS OF THE RESIDENTS OF PALM BAY COMPLAINED GOAL EVALUATE IS TO PROVIDE A DIVERSE AND SELF-SUSTAINING PATTERN OF LAND USE WHICH SUPPORT THE PRESENT AND FUTURE POPULATION OF THE CITY OF POMMIE.

THE MULTIPLE FAMILY RESIDENTIAL USE FUTURELESS CATEGORY ALLOWS FOR A MAXIMUM RESIDENTIAL DENSITY OF 20 UNITS PER ACRE, WITH A RANGE OF ZERO TO 20 YEARS PER ACRE.

TYPICAL USE IS ALLOWED INCLUDE SINGLE FAMILY HOMES, DUPLEXES, MULTIFAMILY UNITS, CONCRETE LIVING FACILITIES, RECREATIONAL USES AND INSTITUTIONAL USES SUCH AS SCHOOLS, CHURCHES AND UTILITIES. THIS ESTABLISHED DENSITY WOULD YIELD A MAXIMUM OF ONE HUNDRED AND NINETY UNITS. HOWEVER, THE APPLICANT IS INFORMED THAT THE PURPOSE OF THE AMENDMENT IS TO CREATE A MIX OF HOUSING STYLES AND TYPES WITHIN THE CYPRESS BAY WEST RESIDENTIAL COMMUNITY.

IT IS ANTICIPATED THAT NO MORE THAN 65 TOWNHOMES WOULD BE CONSTRUCTED UPON THE SUBJECT PROPERTY. THIS RESULTS IN A DENSITY OF SIX POINT EIGHTY TWO UNITS PER ACRE FOR THE LAND COVERED BY THIS APPLICATION.

THE MAXIMUM DENSITY PERMITTED BY THE SINGLE FAMILY RESIDENTIAL FUTUROLOGIST CATEGORY IS FIVE UNITS PER ACRE. THEREFORE, THE REQUEST FOR THE MFR VALUE CATEGORY IS BEING MADE TO ALLOW MULTIPLE FAMILY RESIDENTIAL USE AND TO SLIGHTLY EXCEED THE EXISTING MAXIMUM RESIDENTIAL DENSITY ITEM TO COASTAL MANAGEMENT ELEMENT.

SO THE PROPERTY IS NOT LOCATED IN THE COASTAL HIGH HAZARD AREA AND THREE CONSERVATION ELEMENT. THE RENTAL CHARACTER OF THE CITY IS MAINTAINED THROUGH CONSERVATION, APPROPRIATE USE AND PROTECTION OF NATURAL RESOURCES AND PARCELS NOT LOCATED WITHIN THE FLORIDA SCRUB JAY POLYGONS IDENTIFIED ON THE CITY'S HABITAT CONSERVATION PLAN.

NO ADDITIONAL LISTED SPECIES ARE KNOWN TO INHABIT THE SUBJECT PROPERTY OR ANY LISTED SPECIES IDENTIFIED IN THE SUBJECT.

POZOLE WOULD NEED TO BE MITIGATED AS REQUIRED BY STATE AND FEDERAL REGULATIONS AND A COMPREHENSIVE PLAN POLICY CEO AND AT ONE POINT SEVEN BE.

THIS WILL BE VETTED THROUGH THE ADMINISTRATIVE SIDE PLAN REVIEW PROCESS ITEM FOR HOUSING ON THE PROPOSED AMENDMENT DOES NOT ADVERSELY IN FACT IMPACT THE SUPPLY AND VARIETY OF SAFE, DECENT, ATTRACTIVE AND AFFORDABLE HOUSING WITHIN THE CITY.

THE AMENDMENT WILL ALLOW THE SITE TO BE USED FOR ADDITIONAL HOUSING AND ALLOW FOR A TYPE OF HOUSING THAT IS NEEDED THROUGHOUT PALM BAY.

ITEM FIVE, INFRASTRUCTURE ELLIMAN, THE CITY EVALUATES PRESENT IN FUTURE WATER, SEWER, DRAINAGE AND SOLID WASTE AND ASSESSES THE ABILITY OF INFRASTRUCTURE NEEDED TO SUPPORT DEVELOPMENT UTILITIES IF LITTLE AMENDMENT WILL NOT CAUSE A LITTLE SERVICE TO FALL BELOW THE STANDARDS ADOPTED IN THE COMPREHENSIVE PLAN FOR THESE SERVICES FOR THE CURRENT PLANNING PERIOD, TECHNICAL COMMENTS FROM THE UTILITIES DEPARTMENT ARE ATTACHED TO THIS REPORT. DRAINAGE.

ANY DEVELOPMENT OF THE SITE SHALL MEET ALL CRITERIA OF THE CITY'S STORMWATER MANAGEMENT ORDINANCE CHAPTER 174 AND ALL CRITERIA WILL 62 DESTRY 30 OF THE FLORIDA ADMINISTRATIVE CODE. COMPLIANCE WITH THESE PROVISIONS WILL BE REVIEWED AND ENFORCED DURING THE ADMINISTRATIVE SIDE PLAN REVIEW PROCESS.

SOLID WASTE SOLID WASTE COLLECTION IS PROVIDED TO THE AREA BY REPUBLIC SERVICES.

SUFFICIENT CAPACITY EXISTS WITHIN THE BRAVAS COUNTY LANDFILLS TO SERVICE THE PROPERTY.

ITEM SIX INTERGOVERNMENTAL COORDINATION ELEMENT OF A SCHOOL'S DOUTHIT TO THE REQUESTED

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CHANGE TO MULTIPLE FAMILY RESIDENTIAL USE.

A SCHOOL CAPACITY INTERMISSION TERMINATION WILL BE REQUIRED PRIOR TO FINAL ADOPTION OF THIS AMENDMENT. THE APPLICATION HAS BEEN SUBMITTED TO THE SCHOOL BOARD.

ITEM SEVEN, RECREATION IN OPEN SPACE ELEMENT, THE RECREATION OPEN SPACE ELEMENT, ADDRESSES OF CURRENT AND FUTURE RECREATIONAL NEEDS OF THE CITY, MULTIPLE FAMILY RESIDENTIAL USE DOES HAVE MORE OF A DEMAND UPON THE PARKS AND RECREATION LEVEL SERVICE STANDARDS THAN A SINGLE FAMILY RESIDENTIAL USE.

HOWEVER, THE POTENTIAL IMPACT FROM THIS REQUEST WOULD HAVE A DE MINIMIS EFFECT ON THE RECREATION OF THE WEST.

LASTLY, ITEM EIGHT TRANSPORTATION ELEMENT.

THE OBJECTIVES OF THE TRANSPORTATION ELEMENT ARE TO PROVIDE A SAFE, BALANCED, EFFICIENT TRANSPORTATION SYSTEM THAT MAINTAINS ROADWAY LEVEL SERVICE AND ADEQUATELY SERVES THE NEEDS OF THE COMMUNITY. ALL LOCAL STREET SEGMENT SHALL MEET A LEVEL SERVICE.

S. PER THE ADOPTED COMPREHENSIVE PLAN.

THE LATEST UPDATE 2020 QUALITY AND LEVEL SERVICE HANDBOOK WITH THE GENERALIZED ANNUAL AVERAGE DAILY VOLUME FOR URBANIZED AREAS WILL BE USED FOR THE ANALYSIS AT THE TIME OF SITE DEVELOPMENT FOR CYPRESS BAY WEST PHASE TO A TRAFFIC IMPACT ANALYSIS WILL BE REQUIRED. STAFF RECOMMENDS APPROVAL OF CP SIX TWENTY TWENTY ONE ANSWERING QUESTIONS THE BOARD MAY HAVE ITS REPRESENTATIVES IN ATTENDANCE.

IS A BOARD HAVE ANY QUESTIONS FOR STAFF? NO, THANK YOU, PATRICK RASHELLE.

GOOD EVENING, MR. CHAIRMAN. MEMBERS OF THE BOARD, RASHELLE LONSDALE'S, 335, SHERWOOD AVENUE LAUTERSTEIN DEVELOPMENT COMPANY, LLC.

I'M HERE REPRESENTING THE FUTURE LAND USE MAP AMENDMENT.

IT'S PRETTY STRAIGHTFORWARD.

I'D BE DELIGHTED TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

AS YOU KNOW, WE'RE TRYING TO CREATE A VERY NEW AND DIVERSE COMMUNITY WHICH WILL HAVE A VARIETY OF DIFFERENT HOUSING TYPES.

THIS AREA WILL BE COMBINED WITH ANOTHER MULTIFAMILY CATEGORY, LAND USE AREA THAT WAS DONE A FEW YEARS AGO TO CREATE SORT OF A POD WHERE THERE WILL BE A SERIES OF TOWNHOMES LOCATED ON IT. THIS WILL BE PART OF THE NEW CYPRUS BAY WAS TO PROJECT, WHICH YOU JUST RECENTLY SAW, CYPRESS BAY, WEST ONE, HOPEFULLY TWO WILL BE IN WITHIN ABOUT A MONTH.

AND YOU'LL SEE HOW THIS PARTICULAR POD WORKS WITHIN THE WHOLE NEW SECTION OF THE PROPOSED DEVELOPMENT. SO WITH THAT, I'D BE DELIGHTED TO ANSWER ANY QUESTIONS.

THE BOARD HAVE ANY QUESTIONS FROM MILLS? IS THIS TOWNHOUSES OR IS THIS MARKET DRIVEN? YES, THIS IS MARKET DRIVEN AS WELL AS.

THE OTHER QUESTIONS. THANK YOU.

THANK YOU. EVERYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OR OPPOSED TO THIS APPLICATION. NO, NOT CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTION.

MOTION TO APPROVE SEPI SIX, 2021.

BACKING THE MOTION IN A SECOND, ALL IN FAVOR, SAY AYE, AYE, ALL OPPOSED MOTION CARRIES UNANIMOUSLY. HOW ARE YOU? ALL RIGHT, ALL RIGHT, SIR.

OK, I'LL OPEN REOPEN THE PUBLIC HEARING.

IF YOU HAVE SOMETHING YOU'D LIKE TO SAY, COME TO THE PODIUM, SIR.

TIME, KEVIN, ROSIE, I LOVE THEM, PLUMLY, THIS MULTIFAMILY HOUSING.

FIRST OF ALL, IS IT ABSOLUTELY NO APARTMENT? OR ADDRESS THE BOARD, PLEASE.

WELL, DO YOU KNOW IF IT'S APARTMENTS? NO, WE CAN WE CAN ASK THE APPLICANT TO ANSWER THAT QUESTION AFTER YOUR COMMENTS.

ANY OTHER COMMENTS HERE? YES.

WHAT ABOUT TRAFFIC TO INCREASED TRAFFIC? OK, TRAFFIC IMPACT STUDY WILL BE DONE BEFORE THIS IS FINALLY BEFORE THIS IS APPROVED.

YES. ALL RIGHT.

THAT'S ALL YOU HAVE.

THANK YOU, SIR. YOU HAD SOMETHING YOU WANT TO SAY? GOOD EVENING. MY NAME IS RICHARD PRADO'S, I LIVE AT 14 25 DITMARS CIRCLE SOUTHEAST PALM BAY. I JUST MOVED DOWN HERE SIX MONTHS AGO AND PALM BEACH IS A WONDERFUL, DIVERSE AREA, TREMENDOUSLY DIFFERENT NEIGHBORHOODS, REALLY NICE.

I KNOW WHERE I LIVE. AND HERE ON BAY, MY WHERE I'M LIVING IS INCREDIBLY DIVERSIFIED.

ALREADY THERE ARE OLD PEOPLE, YOUNG PEOPLE, PEOPLE OF ALL SORTS OF STRIPES, COLORS, CULTURES AND NATIONALITIES.

RIGHT NOW, I WAS UNDER THE IMPRESSION THAT ORIGINALLY THAT WHAT WAS GOING TO BE BUILT WERE GOING TO BE SINGLE FAMILY HOUSES THAT WERE SORT OF SIMPATICO TO WHAT WAS ALREADY IN PLACE THERE. WHAT I'M HEARING NOW, AND I COULD BE TOTALLY INCORRECT, IS I'M I'VE BEEN DOWN HERE

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FOR SIX MONTHS, BUT IT SEEMS ALMOST LIKE A BAIT AND SWITCH.

BUT A LOT OF PEOPLE WHERE I LIVE WERE UNAWARE THAT PEOPLE WANTED TO PUT IN MULTI HOUSING APARTMENTS AND MULTIFAMILY DIFFERENT THINGS TO THE POINT THAT IT COULD ALMOST BECOME LIKE A HOUSING PROJECT.

AGAIN, THE GENTLEMAN TALKED ABOUT TRAFFIC RIGHT NOW.

MY UNDERSTANDING IS THE LAKES AND HURON BAY ARE IN CHARGE OF KEEPING MIRA LOMA THE STREET GOING INTO THAT REPAIRED UP, KEPT AND EVERYTHING OUT.

THESE FOLKS ALREADY BUILT AN ENTRANCE TO THAT ON REXFORD.

AND OUR UNDERSTANDING IS THAT WE'RE GOING TO WE'RE SUPPOSED TO CONTINUE TO PAY FOR THE UPKEEP OF THAT AREA.

I THINK THAT THAT'S WRONG.

I THINK THAT THAT I WOULD LOVE FOR THE BOARD TO REVIEW THE MULTIFAMILY DWELLING AND CONDOMINIUMS, BECAUSE I THINK THAT IT'S GOING TO INSTEAD OF DIVERSIFY THINGS, I THINK IT'S GOING TO CHEAPEN THAT WHOLE AREA OF TOWN.

IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISH TO SPEAK? IF YOU WANT TO RESPOND TO THAT PLACE.

WELL. THANK YOU, MR. CHAIRMAN. THIS IS NOT FOR APARTMENTS.

THIS IS FOR TOWN HOMES, MARKET DRIVEN TOWN HOMES THAT ARE QUALITY IN NATURE THAT I THINK ANY OF US WOULD BE PROUD OR HAPPY TO LIVE ADJACENT TO IF I JUST WOULD CALL THE ATTENTION TO WHAT I CALL THE AMOEBAS ON THAT PARTICULAR LAND USE MAP THAT OVER THE COURSE OF THE LAST SEVERAL YEARS, THERE HAVE BEEN NUMEROUS CHANGES TO THE FUTURE LAND USE MAP FOR THE AREA.

IT IS PREDOMINANTLY SINGLE FAMILY, BUT THESE PODS, AS WE CALL THEM, WILL ALLOW FOR THE INTRODUCTION OF TOWNHOMES AS PART OF THE OVERALL DEVELOPMENT OF THIS THOUSAND OR SO ACRES THAT ARE DOWN THERE, VERY SIMILAR TO WHAT YOU'RE WHAT YOU'RE SEEING TO THE EAST, OUT TOWARDS THE INTERSTATE, THAT THERE'S A MIX OF HOUSING OPPORTUNITIES.

AND YES, WE WILL HAVE A TRAFFIC STUDY.

WE HAVE PROVIDED MANY TRAFFIC STUDIES TO THE CITY FOR ALL OF THE VARIOUS PROJECTS THAT HAVE COME BEFORE YOU IN THIS WITHIN THIS AREA AND AS PART OF THE CYPRESS BAY TO CYPRUS BAY WAS TO DEVELOPMENT.

WE WILL BE UPDATING THOSE TRAFFIC STUDIES.

I CAN'T SPEAK TO WHAT THE GENTLEMAN TALKED ABOUT IN TERMS OF MIRA LOMA.

WHAT I CAN SAY IS THAT THE EXISTING MIRA LOMA IS A PUBLIC STREET OWNED AND MAINTAINED BY THE CITY. AND, YOU KNOW, WE ARE GOING TO BE PROPOSING ADDITIONAL ACCESS POINTS TO THIS AREA OF THE DEVELOPMENT.

SO I'M NOT SURE WHAT ELSE I CAN ADD.

JAKE, IS THERE ANYTHING YOU WANT TO SAY SOMETHING? THANK YOU, JAKE, WAS THIS ADDRESS IS TWENTY SIX FIFTY ONE WEST OHGI BOULEVARD, CIVIL ENGINEER FOR THE PROJECT.

THIS IS PART OF THE MASTER PLAN OF THE OVERALL.

WE'RE GOING THROUGH A MULTI-STEP PROCESS AGAIN.

SO WHAT WE'RE DOING RIGHT NOW IS BRINGING OUR PROPOSED PLAN, WHICH WILL COME BACK TO THIS BOARD, A FINAL DEVELOPMENT PLAN, AS YOU'VE SEEN MULTIPLE OTHERS.

THIS ONE WOULD BE CALLED CYPRESS BAY WEST PHASE TWO.

YOU'VE ALREADY SEEN CYPRUS BAY, WEST PHASE ONE.

YOU'VE ALSO ALREADY SEEN THE COURTYARD'S AND YOU'VE SEEN WATER, STONE GARDENS, PHASE ONE AND WATER GARDENS, WATER, STONE GARDENS, PHASE TWO.

EACH ONE OF THOSE ARE DIFFERENT INDIVIDUALLY MASTER PLAN COMMUNITIES THAT EACH ONE OF THEM ALSO HAS A TRAFFIC STUDY.

WE'VE AGREED WITH THE CITY FOR WATER STONE GARDENS PHASE TWO, WHICH IS A SEPARATE APPLICATION FROM WHAT THIS ONE IS FALLING THROUGH AND IS AHEAD OF THIS ONE ARE COMING THROUGH WITH THIS ONE THAT THAT ONE WOULD PUT A TRAFFIC SIGNAL AT MARILENA AND BABCOCK STREET, WHICH, OF COURSE, IS ONE OF THE TRAFFIC CONCERNS THAT WE'RE JUST AS CONCERNED WITH AND WOULD HELP ALLEVIATE IF THIS LAND USE IS APPROVED.

WE WOULD THEN COME THROUGH WITH A FINE DEVELOPMENT PLAN FOR THIS PHASE TWO, AND THAT WOULD INCLUDE A NEIGHBORHOOD MEETING.

AS LONSDALE'S IDENTIFIED, WE'VE HAD MULTIPLE NEIGHBORHOOD MEETINGS.

WE WILL CONTINUE TO DO SO, CONTINUE TO WORK WITH THE TWO EXISTING HIGHWAYS AND WITH THE

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OTHER ONES THAT WE'RE CREATING AS WE GO.

SO THAT'S THE PROCESS.

BUT WE ARE NOT PROPOSING ANY TYPE OF APARTMENTS OR CONDOMINIUMS AT ALL.

IT'S ALL STILL, AS A STAFF REPORT IDENTIFIED RELATIVELY LOW DENSITY.

THIS IS TO PROVIDE A DIVERSITY OF PRODUCTS, AS YOUR QUESTION WAS EARLIER, ABOUT PROVIDING WHAT THE MARKET'S LOOKING FOR.

BUT ALL THOSE KIND OF DARK AREAS YOU SEE UP THERE ARE ALREADY MULTIFAMILY ZONED AND FUTURE LAND USE IDENTIFIED AREAS.

WE'RE PLANNING ON THE MAJORITY, IF NOT ALL OF THE REST OF THEM, TO BE SINGLE FAMILY.

BUT THIS ONE, WE'RE KIND OF TRYING TO CLOSE THE LOOP IF YOU SEE THAT KIND OF DONUT THERE WITH IT'S HIGHLIGHTED TO BE A POCKET OF MULTIFAMILY WITH JUST TOWNHOMES, WHICH ACTUALLY BY DEFINITION ARE ACTUALLY SINGLE FAMILY UNITS.

SO WOULD THAT BE HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE? THANK YOU, JAKE. HAVE ANY OTHER QUESTIONS? THANK YOU. ONCE AGAIN, I WILL CLOSE THE PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR MOTION. MOTION TO APPROVE SEPI SIX, 2021 IN MOTION AND A SECOND ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY AYE, AYE, ALL OPPOSED MOTION CARRIES UNANIMOUS.

OUR NEXT CASE, PLEASE, ONCE AGAIN, PATRICK.

THANK YOU, MR. CHAIRMAN. NEXT CASE ON IS CASE FIRST TO TWENTY TWENTY ONE BACKGROUND PROPERTIES LOCATED IMMEDIATELY SOUTH OF THE INTERSECTION OF ROBERT JOHN JAY COLLIN BOULEVARD AND THE FLORIDA EAST COAST RAILROAD.

SPECIFICALLY, THE SUBJECT PROPERTY IS TAX PASSELL FIVE AND ONE POINT OR ONE SECTION FOURTEEN TOWNSHIP TWENTY EIGHT SOUTH AND RANGE THIRTY SEVEN EAST.

COMBINED, THEY TOTALED TWENTY FOUR POINT SIX ACRES.

THE CURRENT ZONING THE PROPERTIES BAMU BAYFRONT MIXED USE DISTRICT AND THE PROPERTY IS BORDERED BY THE FAR EAST COAST RAILROAD TO THE EAST AND BY ROBERT J.

COLLIN TO THE NORTH AND WEST.

EXISTING TO THE SOUTH IS THE SHAH MOBILE HOME PARK ZONED R.M.

RESIDENTIAL MOBILE HOME.

ALSO TO THE SOUTH IS THE DAKOTA ICE CREAM DISTRIBUTION FACILITY, WHICH IS ONLY LIGHT, INDUSTRIAL AND WAREHOUSE AND DISTRICT.

ON AUGUST TWENTY SIXTEEN, THE SUBJECT PROPERTY WAS REZONED FROM ELAI LIGHT, INDUSTRIAL WAREHOUSING, ZONING AND HEAVY INDUSTRIAL ZONING TO THE BAMU BAYFRONT MIXED USE ZONING DISTRICT. THE APPLICANT RECEIVED CONDITIONAL USE APPROVAL FROM CITY COUNCIL VIA RESOLUTION TWENTY SEVENTEEN.

THERE'S THIRTY FIVE TO DEVELOP A MULTIUSE PROJECT KNOWN AS NORTHSHORE UPON THE COMMENCEMENT PERIOD FOR THIS RESOLUTION WAS EXTENDED VIA A RESOLUTION.

TWENTY EIGHTEEN TWENTY EIGHT. CONDITIONAL APPROVAL IS REQUIRED AS A SITE CONTAIN MORE THAN ONE ACRE OF LAND, AND THE PROJECT PROPOSED SPECIFIC USES IDENTIFIED IN THE NEW DISTRICT FOR ADDITIONAL REVIEW AND SCRUTINY AS USERS BEING ON PREMISES, ALCOHOL CONSUMPTION AND OUTDOOR TABLE SERVICE.

ON SEPTEMBER SIX TO TWENTY NINETEEN, THE APPLICANT RECEIVES SITE PLANNING APPROVAL TO CONSTRUCT THREE HUNDRED AND TWENTY MARKET RATE APARTMENTS AND FIVE COMMERCIAL LEASE PARCELS TOTALING FORTY NINE THOUSAND SQUARE FEET OF COMMERCIAL SPACE.

THE AFGHAN NSD PARTNERS LLC NOW SEEKS TO CREATE A SUBDIVISION PLAN TO CREATE SIX LEGALLY DEFINED PARCELS OF LAND FOR THE PURPOSE OF SELLING THE FIVE COMMERCIAL PLOTS.

REPRESENTING THE APPLICANT IN THIS ENDEAVOR IS MIGUEL RENALDO'S AND HENRY KILBANE.

ANALYSIS TO BE GRAND FINAL SUBDIVISION APPROVAL.

THE REQUEST MUST MEET THE BASIC DESIGN STANDARDS OF SECTION ONE EIGHTY FOUR POINT ONE SIX THREE ONE EIGHTY FOUR POINT TWO FIVE OF THE CODE ORDINANCES.

THESE DESIGN REQUIREMENTS ARE TO BE ILLUSTRATED VIA CONSTRUCTION PLANS AND ACCOMPANIED BY A FINAL SUBDIVISION PLAN.

THE ABOVE SUBSECTIONS INCLUDE THE DESIGN OF LOTS AND BLOCKS, ROADWAY WITH LENGTH AND ARRANGEMENT, STORMWATER TREATMENT, POTABLE WATER AND SEWERAGE FACILITIES, SIDEWALKS, PEDESTRIAN WAYS, PUBLIC USES, PRESERVATION OF NATURAL OR HISTORIC FEATURES IN THE BUFFER AND OF ADJACENT RESIDENTIAL ZONE LANDS FROM NONRESIDENTIAL SUBDIVISIONS, LOTS AND BLOCKS.

THE MINIMUM LOT SIZE REQUIRED WITHIN THE BEMUSING DISTRICT IS ONE ACRE.

THE FIVE COMMERCIAL PLOTS RANGE IN SIZE FROM ONE POINT ZERO FOUR TO ONE POINT SIX THREE ACRES. A SIX SLOT CONTAINING THE APARTMENT BUILDING IS APPROXIMATELY SIXTEEN POINT ONE ACRES. THERE ARE NO BLOCKS BEING PROPOSED IN THE SUBDIVISION.

ROAD DESIGN, NO PUBLIC OR PRIVATE ROADWAYS ARE PROPOSED BY THE SUBDIVISION REQUEST, RATHER, THE SITE IS ACCESSED VIA TWO EXISTING PRIVATE CONNECTIONS TO ROBERT J.

CONNELLAN. THE MAIN ENTRANCE IS CONTROLLED VIA A FOUR WAY STOP TRAFFIC SIGNAL AT THE INTERSECTION OF CONNELLAN AND ORFEU STREET.

AN INTERNAL DRIVEWAY EXIST BETWEEN THE RESIDENTIAL LOT AND ALL OF THE FIVE COMMERCIALIZED STORMWATER TREATMENT. THE NORTH SHORE PROJECT INCLUDES A MASSIVE STORMWATER TREATMENT SYSTEM THAT IS DESIGNED TO TRANSFER STORMWATER RUNOFF FROM THE IMPERVIOUS DEVELOPMENT TO THREE SEPARATE BUT INTERCONNECTED WET PONDS DISCHARGED FROM THE SYSTEM DURING EXCESSIVE RAINFALL EVENTS IS IN THE FAR SOUTHEAST PORTION OF THE SITE, WHICH THEN TRAVELS ALONG THE EAST COAST RAILROAD. IN AN OPEN SWELL SYSTEM.

EACH LAKSHYA CONTAIN THE PIPES AND INLETS UPON THEIR RESPECTIVE PROPERTIES.

BUT THE COMMON AREA STRUCTURES IN OUTFALL SHALL BE MAINTAINED BY THE PROPERTY OWNERS ASSOCIATION, ORRIBLE WATER AND SEWERAGE FACILITIES, THE AQUA APARTMENTS LOCATED ON WHAT

[01:15:05]

ONE IS ALREADY CONNECTED TO THE CITY'S WATER AND SEWER SYSTEMS. ALL BUILDINGS HAVE BEEN CONSTRUCTED AND CERTIFICATES OF OCCUPANCY PREVIOUSLY ISSUED.

THE FIVE COMMERCIAL SHALL PROVIDE THEIR DESIGN CONNECTION TO THE EXISTING UTILITY SYSTEM AND BE REVIEWED AND APPROVED ADMINISTRATIVELY DURING THE CYCLONE REVIEW PROCESS.

SIDEWALKS, PEDESTRIAN WAYS, ALL APPROVED SIDEWALKS AND PEDESTRIAN WAYS FOR THE AQUA APARTMENTS HAVE BEEN INSTALLED.

HANDICAP ACCESSIBLE SIDEWALKS SHALL BE PROVIDED UPON EACH COMMERCIAL LOT AS IT DEVELOPS PUBLIC USES AND EASEMENTS.

THIS CODE SECTION PROVIDES THE FOLLOWING WHERE DEEMED ESSENTIAL BY THE CITY COUNCIL UPON CONSIDERATION OF THE PARTICULAR TYPE OF DEVELOPMENT PROPOSED IN THE SUBDIVISION, AND ESPECIALLY ON LARGE SCALE NEIGHBORHOOD UNIT DEVELOPMENTS NOT ANTICIPATED IN THE COMPREHENSIVE PLAN. THE CITY COUNCIL MAY REQUIRE THE DEDICATION OR PRESERVATION OF SUCH AREAS OR SITES OF A CHARACTER, EXTENT AND LOCATION SUITABLE TO THE NEEDS CREATED BY SUCH DEVELOPMENT FOR PARKS AND OTHER PUBLIC PURPOSES.

THE DEDICATION OF LAND IS NOT APPLICABLE IN THIS SUBDIVISION PRESERVATION OF NATURAL OR HISTORIC FEATURES. THERE ARE NO HEIRS OF THE SITE THAT ARE DEEMED TO BE OF NATURAL OR HISTORIC BENEFIT. THUS, NO AREA SHALL WE DEDICATE FOR SUCH PRESERVATION ASSOCIATION.

ALTHOUGH THE SUBDIVISION WILL CREATE SIX SEPARATE, LEGALLY DEFINED PARCELS OF LAND, NONE OF THE BLOCKS WILL BE REQUIRED TO MAINTAIN A MIX OF USE IS SPECIFIC TO EACH LOT.

RATHER, THE OVERALL PROJECT KNOWN AS NORTHSHORE PALM BAY, WITH AN EXISTING MULTIFAMILY USE AND FUTURE COMMERCIAL USES, QUALIFY AS A MULTI-YEAR PROJECT.

TYING THESE LOCKS TOGETHER, IN ADDITION TO THE COMMON ACCESS AND DRAINAGE, WILL BE A MASTER ASSOCIATION TO GOVERN THE USE AND MAINTENANCE OF COMMON AREAS AND THE DESIGN STANDARDS OF COMMERCIAL DEVELOPMENT.

THIS DOCUMENT WILL BE FULLY REVIEWED AND APPROVED DURING THE ADMINISTRATIVE SUBDIVISION PLAN REVIEW PROCESS.

A PARTICULAR NOTE IS THE TITLE OF THIS DOCUMENT, CURRENTLY WRITTEN AS THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR AKWA AT PALM BAY, THE NAME AQUAFERS TO DEPARTMENTS. WHILE THE DOCUMENT AND THE SUBDIVISION PLAN INCLUDES THE ENTIRE TWENTY SIX ACRE PROPERTY STAFF BELIEVES THIS DOCUMENT SHOULD BE RETITLE TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, OR NORTHSHORE POMI.

TO AVOID ANY FUTURE CONFUSION, THIS DOCUMENT WOULD NEED TO INCLUDE A SECTION THAT IS SPECIFIC TO SHARED PARKING AND CROSS ACCESS FOR AND WITHIN THE COMMERCIAL LAWS, AS WELL AS THE PERPETUAL MAINTENANCE OF ON SITE IMPROVEMENTS.

EXHIBIT SHALL BE ADDED TO THE DECLARATION THAT GRAPHICALLY DISPLAY ALL COMMON AREA EASEMENTS AND JOINT USE IMPROVEMENTS DESCRIBED OR ENCUMBERED BY THIS DECLARATION.

A CURSORY REVIEW OF THE SUBDIVISION FINDS MULTIPLE REFERENCES TO A HOMEOWNER'S ASSOCIATION, STAFF BELIEVES THERE SHOULD BE A RISE TO A PROPERTY OWNERS ASSOCIATION.

THERE ARE ALSO INSTANCES WHERE INCORRECT AND INCORRECT DEPARTMENT OR NAME SIGNATORIES INCLUDED. IT SHALL BE NOTED THAT A MORE IN-DEPTH REVIEW, INCLUDING COMPLIANCE WITH CHAPTER 177 OF THE FLORIDA STATUTES, SHALL TAKE PLACE DURING THE ADMINISTRATIVE SUBDIVISION PLAN REVIEW PROCESS.

LASTLY, TECHNICAL STAFF REVIEW COMMENTS ARE ATTACHED TO THIS REPORT AND SHALL BE ADDRESSED ACCORDINGLY. STAFF RECOMMENDATION UPON REVIEW OF THE SUBMITTED MATERIALS, THE FINAL SUBDIVISION REQUESTS IN SUBSTANTIAL CONFORMANCE WITH THE APPLICABLE REQUIREMENTS OF THE SUBDIVISION CODE. THEREFORE, STAFF RECOMMENDS APPROVAL OF CASE FOR TO 2021, SUBJECT TO SUCCESSFUL COMPLETION OF THE ADMINISTRATIVE SUBDIVISION PLAN AND REVIEW APPROVAL PROCESS. BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

THE APPLICANT REPRESENTATIVES ARE IN ATTENDANCE.

THE BOARD HAVE ANY QUESTIONS FOR STAFF.

I'VE GOT ONE YEAR AND I DO.

AND THIS IS THERE.

THIS IS GOING TO STAY FOR COMMERCIAL USE ONLY.

RIGHT? OR COULD THEY HAVE POTENTIALLY SOMEONE BUYS UP THESE FIVE PLOTS AND PUT ANOTHER APARTMENT BUILDING THERE.

THE INTENTION OF THIS SUBDIVISION PLAN IS TO CREATE THE SIX LOFTS, THE ONE LARGE LOBBY IN THE APARTMENTS AND THE OTHER FIVE ALL BEING COMMERCIAL.

AND THEY ARE INTENDED FOR COMMERCIAL USES ARE INTENDED, BUT IT'S SOMEONE COME BACK POTENTIALLY AND SAY, WELL, WE WE COULDN'T SELL THEM FOR COMMERCIAL USE AND.

SO THEY WANT TO USE IT FOR RESIDENTIAL USE.

THEY COULD APPROACH STAFF WITH THAT PROPOSITION.

HOWEVER, IN ORDER TO MEET THE BMY REQUIREMENTS, THEY NEED TO HAVE A BALANCE OF USES.

THEY NEED TO HAVE A MIX OVER THE OVERALL 24 ACRES.

RIGHT NOW, THEY HAVE THAT BALANCE.

IT'D BE HARD PRESSED FOR STAFF TO BE ABLE TO OVERTURN THE COMMERCIAL DESIGNATION OF THOSE FIVE LINES. YOU KNOW THE QUESTIONS.

THANK YOU, PATRICK, FOR THE AFGHANS REPRESENTATIVE, PLEASE COME TO THE PODIUM.

ANYTHING, MY NAME IS MIGUEL RENALDO'S, NORTH SHORE DEVELOPMENT 22 95, SOUTH HIAWASSEE ROAD, SUITE 306, ORLANDO THREE, TWO, EIGHT THREE FIVE.

BASICALLY, WE ARE READY TO MOVE FORWARD.

WE'VE ADDRESSED ALL THE STAFF'S COMMENTS ALREADY BY THE DECLARATION OF GOVERNMENTS, THE SCRIBNER'S, AS WELL AS TECHNICAL STATUS REPORTS ON THE REQUIREMENTS THAT THEY REQUIRE.

I HAVE ALREADY SENT ADVANCE COPIES AND WE ARE READY.

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I'M HERE TO ADDRESS ANY QUESTIONS OR CONCERNS THAT YOU ALL MAKE ON BOARD.

HAVE ANY QUESTIONS FOR MR. RENALDO'S? GLAD YOU ALREADY ADDRESSED ALL THOSE.

YES, MA'AM. I MEAN, YOU COULD TELL THAT MOST OF THEM WERE, YOU KNOW, SCRIVNER ERRORS OR JUST RUSHING, LIKE ALWAYS TO GET SOMETHING DONE ON A DEADLINE.

BUT WE ADDRESS THEM AND ACCEPT.

WE DO HAVE A QUESTION. NO ONE ELSE, NO QUESTIONS.

OK, THANK YOU, SIR. HEY, IS THERE ANYONE IN THE AUDIENCE WHO WISHED TO SPEAK IN FAVOR OR OPPOSED TO THIS APPLICATION? THEY'RE. ANDREW STEELE, NORTH SHORE DEVELOPMENT, I DROVE ALL THIS WAY, SO I FIGURED I'D COME AND TALK AS WELL.

I WANTED TO PUT A PIN IN SOMETHING.

WE'RE NOT SELLING THE LOT LEGALLY.

WE'D BE ALLOWED TO.

AND WE ARE WE ARE BIFURCATING THEM INTO SEPARATE ENTITIES, BUT WE'RE NOT SELLING LOTS.

WE'RE DEVELOPING THE COMMERCIAL PASSES OURSELVES.

SO I WANTED TO MAKE SURE THAT WAS CLEAR BECAUSE I DON'T WANT TO COME ACROSS THAT WHERE WE BUILT THE APARTMENTS, WE'RE TRYING TO SELL OFF THE COMMERCIAL PIECES WE HAVE.

WE HAVE LEASES THAT WE'RE TRYING TO PUT IN PLACE.

NOW WE HAVE TO GET THROUGH THIS LITTLE PIECE OF THE LEGAL ENTITY CREATION SO THAT WE CAN START THE FINANCING AND GET THE CONSTRUCTION GOING ON THOSE PARCELS.

THANK YOU. OK, THANK YOU.

IS THERE ANYONE ELSE YOU WISH TO SPEAK IN FAVOR OR OPPOSE THIS APPLICATION? NO, NO, I'LL CLOSE A PUBLIC HEARING AND BRING IT BACK TO THE BOARD FOR EMOTIONAL MATURITY. I HAVE ONE QUESTION.

THIS MAY BE FOR STAFF.

HEY, UM, PATRICK.

PATRICK. THIS PROJECT ARE GOING TO FACE.

THIS PROJECT HAVE ANYTHING TO DO WITH WHAT WAS.

WE'RE PREMATURELY CALLING DOWNTOWN ON THE.

NO. WE DON'T HAVE A DOWNTOWN HOME BE ESTABLISHED, WE HAVE AN AREA WE'RE PLANNING AT LEAST WOULD LIKE TO SEE THE DOWNTOWN GO, THAT WOULD NOT BE THIS AREA.

OUR AREA THAT WE'RE LOOKING AT IS DONE BY THE WATERFRONT THROUGH OBERTI.

BACK TO YOUR ONE IN PALMERO.

THAT'S WHERE WE'RE KIND OF TARGETING FROM A PLANNING PERSPECTIVE.

NO SHORT DEVELOPMENT IS DEVELOPING ALL SIDES OF CONNELLAN AND COMMERCE PARK DRIVE.

SO THEY'RE CREATING A DIVERSIFIED COMMUNITY WITH APARTMENTS ON BOTH SIDES.

THEY ARE GOING TO BE COMING BACK IN THE FUTURE, WE UNDERSTAND, TO REZONE ANOTHER PORTION OF THE SIDE OF CONNELLAN TO BAYFRONT MIXED USE TO ALSO ALLOW FOR ADDITIONAL COMMERCIAL USES. SO THEY ARE CREATING A VERY MIX OF OF OPPORTUNITIES, BOTH HOUSING AND COMMERCIAL PLANNING STAFFS, NOT CALLING THAT A DOWNTOWN AREA.

I HOPE THAT HELPS AND ANSWER YOUR QUESTION.

REALLY WANTED TO MAKE SURE I HAD A CLEAR HEAD.

THIS IS JUST A CONTINUING DEVELOPMENT OF THE WORK OF THE BAY FRONT AREA.

I REALLY WANT TO SEE THE PMU, OK? THERE ARE NO OTHER QUESTIONS. WE'RE GOING TO GET A MOTION, PLEASE.

MOTION TO APPROVE. CASE AIFS, DASH TWO, DASH 20, 21, SUBJECT TO ALL STAFF RECOMMENDATIONS. THAT KIND OF A SECOND ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY, AY, AY, ALL OPPOSED MOTION CARRIES UNANIMOUSLY, IT GOES TO OUR NEXT CASE, CASE NUMBER SIX TO TWENTY THREE, TWENTY ONE TWENTY TWENTY ONE.

WE HAVE A REQUEST TO CONTINUE THAT CASE TO JULY 7TH.

UH, PLANNING, ZONING MEETING.

I WILL NEED A MOTION TO CONTINUE THAT CASE.

MOTION TO CONTINUE TO TWENTY THREE, TWENTY TWENTY ONE TO MY SEVEN.

EMOTION, EMOTIONAL, SECOND, ANY DISCUSSION ON FAVOR SAY I OPPOSE MOTION CARRIES UNANIMOUSLY, IF THERE'S NOTHING ELSE, THE MEETING IS ADJOURNED.

THANK YOU JUST FOR YOUR EDIFICATION.

WE WILL HAVE A FULL AGENDA NEXT MONTH.

I LOOK FORWARD TO SEEING YOU GUYS IN ANOTHER 30 DAYS.

* This transcript was compiled from uncorrected Closed Captioning.